ID DIVORCES IN DISTRICT 12

October 24, 2012 § Leave a comment

‘Way back in June, 2010, I posted the requirements in this district to present an irreconcilable differences divorce.

As I explained back then …

The chancery judge in an irreconcilable differences (ID) divorce is required by law to make a determination about the sufficiency of the provision for support of the minor children. Different chancellors approach the task in different ways. Some judges require a complete Rule 8.05 financial statement from each party. Some judges take the word of the attorney or litigants.

In District 12, we do not require an 8.05, but we do require that the property settlement agreement (PSA) must include certain information about the income and deductions of the paying parent. Here are our requirements:

  • The property settlement agreement must include information showing gross income and deductions for taxes, Medicare and social security for year to date for the paying party, in the form of a pay stub attached to the agreement or a recitation of the actual figures, including monthly and year-to-date figures, in the body of the agreement; or, in the alternative, a statement satisfactory to the court as to why such information is not available. If the pay stub is attached, the agreement itself must include a provision that both parties have seen and are satisfied with the accuracy of the document. If the required information is not included, the agreement will not be approved.

We also have a requirement that the 8.06 disclosures either be in the PSA itself, or that the parties file it with the clerk simultaneously with entry of the divorce judgment. This policy is a recognition of the fact that 99.9% of parties do not file their 8.06 informantion as required in the rules. UCCR 8.06 mandates that the current names, addresses and telephone numbers of both parents must be disclosed and filed in the court file.

We also require at least one of the parties to appear and testify. The witness establishes the jurisdictional facts and answers two questions about the PSA: is it the entire agreement, so that there are no side agreements or unwritten deals; and does it settle all of the marital issues between the parties? If the other party is unrepresented, it would be a good idea to have that party appear also to be available to answer any questions or to make any changes in the PSA that are directed by the court.

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