In a contested divorce, the NJ Family Part Case Information Statement (CIS) is one of the most important tools for the trial court, the parties, their legal counsel, their mediator, and/or their arbitrator to consider. In many divorce cases, an attorney hands a blank CIS to the client – or sends a hyperlink as we do in our offices — and has them fill in the information without guidance. In truth, your attorney should be instrumental in turning an intrusive and cumbersome form into an effective advocacy tool for the client.

The CIS is segmented six ways, as follows:

1. Case Information — names, dates of birth of parties and children, and details about what is in dispute.
2. Other Information — employment details, address, other general information.
3. Financial Information — income history, present income, including unearned income.
4. Expenses — monthly household expenses for housing, transportation and personal expenses, stating marital lifestyle budget and “new” budget post-separation for each party and the children when they are with that party.
5. Balance Sheet — list of all assets, both marital and separate, held by the parties, regardless of title.

The CIS can and should be accompanied by as much supporting documentation as possible.  The attorney should have the client update the CIS as often as needed during the process of the divorce, including shortly before trial, so the information is always correct. While the client involved in a contested divorce might be tempted to withhold information, doing so could be harmful to the case.

Clients must understand that the CIS is submitted under oath, as fully as if you are testifying in court.  What you say “can and will be used against you”.  Therefore, all the information must be accurate and truthful, to the best of your ability. If there is outdated or inaccurate information on the form, this could result in harmful, impactful decisions.

In sum, while the CIS might seem invasive, a good family law attorney will use the Family Part CIS to demonstrate an accurate and complete picture during the financial discovery process. Substantial changes in a party’s financial snapshot must be disclosed to the court and the other side as soon as practicable. The trial court’s goal is to deal with the parties’ finances fairly and accurately; to develop a set of budgets that are fair and accurate; to distribute income between the parties and in connection with the children in a way that works for everyone reasonably well; and to distribute the marital assets and debts in an equitable fashion. A properly prepared and updated CIS and your attorney will help the trial court, or its Alternative Dispute Resolution partners (mediator, arbitrator, Early Settlement Panelist) to achieve these goals in myriad ways.

Divorce is often messy, and a contested divorce approaches total chaos. A skilled family law attorney can be instrumental in sorting out the financial picture so that you get a fair deal. If you are divorcing, you need a skilled advocate. Call the Kingston, NJ offices of Hanan M. Isaacs, P.C., at 609-683-7400 or contact us online today, to set up a near-term and reduced fee initial consultation.  We will listen to your facts, advise you as to the law, and help you figure out the best pathways emotional and financial recovery.  Call us today.  You will be glad you did.