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URCP Rule 26.1
Mediation Prep Checklist
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Utah Rule of Civil Procedure 26.1 — Mandatory Disclosures
Utah law requires both parties to exchange a Financial Declaration and supporting documents within 14 days after the first answer is filed. Failure to fully disclose assets and income can result in the court awarding undisclosed assets to the other party, along with attorney fee sanctions.
This checklist covers everything required under URCP 26.1 and additional items that help mediation run smoothly.
URCP 26.1 requires complete federal and state returns for the 2 tax years before the petition was filed, including all schedules and attachments. These establish your income baseline and reveal deductions, credits, and income sources that affect support calculations.
Pay stubs show current earnings, withholdings, and year-to-date totals. They verify the income reported on tax returns and are essential for calculating child support and alimony under Utah's income shares model.
W-2s and 1099s are third-party verification of your income. They confirm wages, freelance income, investment returns, and other earnings reported to the IRS. Required under URCP 26.1 as supporting tax return documentation.
Utah courts consider all earned and unearned income when calculating support. This includes rental income, business profits, freelance work, investment dividends, and any other money coming in. Undisclosed income sources can lead to sanctions.
Social Security benefits count as income for support calculations. Your statement also shows your lifetime earnings record, which can be useful for verifying past income and projecting retirement benefits that may be subject to division.
Government benefits including unemployment compensation and disability payments are considered income under Utah law. These affect both child support calculations and alimony determinations.
URCP 26.1 requires 3 months of statements for all accounts held in your name, jointly, or as trustee. This includes closed accounts that were open during the disclosure period. Bank statements reveal spending patterns and asset levels.
Investment accounts are marital assets subject to equitable division. Statements show current value, cost basis, and whether assets were acquired before or during the marriage — which affects how they are divided.
Retirement accounts are often the largest marital asset after the home. The portion earned during the marriage is typically subject to division. A QDRO (Qualified Domestic Relations Order) may be needed to divide these accounts without tax penalties.
Cryptocurrency holdings are considered assets and must be disclosed. Provide exchange account statements, wallet balances, and transaction histories. Volatile values may require agreeing on a specific date for valuation.
Health Savings Accounts (HSAs) carry over year to year and are considered assets. FSA balances, while typically use-it-or-lose-it, should still be documented. HSA funds contributed during the marriage are subject to division.
Safe deposit boxes may contain valuable items, important documents, or cash that must be disclosed. Create a written inventory and consider photographing contents for documentation purposes.
Mortgage statements show the remaining balance, interest rate, and monthly payment. This information is essential for calculating home equity and determining whether one party can afford to keep the home.
Property deeds establish legal ownership and how title is held (joint tenants, tenants in common, etc.). This affects how the property can be transferred or sold as part of the divorce settlement.
Property tax statements show the county-assessed value, which provides a baseline for property valuation. They also document an ongoing expense that factors into the Financial Declaration's monthly budget.
An appraisal or CMA establishes fair market value. If both parties agree on a value, a free CMA from a realtor may suffice. For contested cases, a formal appraisal ($300-$500) provides an unbiased professional valuation.
HELOC balances reduce your home equity and represent a debt that must be allocated. The draw history can also show how funds were used, which may be relevant to property division discussions.
Rental income counts toward your total income for support calculations. Expense records help determine the net income from rental properties and their overall value as an asset.
Titles show legal ownership and any lienholders. NADA or KBB valuations should be pulled to establish current fair market value for each vehicle.
Loan statements show the remaining balance and monthly payment. Vehicle equity (value minus loan balance) is a marital asset, and the monthly payment is a budget item on the Financial Declaration.
High-value personal property acquired during the marriage is subject to division. Include purchase receipts, appraisals, or insurance riders that document values. Photographs are also helpful for documentation.
Items in storage are still marital property. Documenting contents with a written list and photographs ensures nothing is overlooked during property division negotiations.
Credit card debt accumulated during the marriage is typically divided equitably. Statements show balances, minimum payments, and spending patterns. At least 3 months of statements are recommended.
Student loans may be treated differently depending on when they were incurred and whether the education benefited the marriage. Both federal and private loan documentation should be gathered.
Personal loans from banks, online lenders, or family members are debts that need to be allocated. Include the original loan agreement, current balance, and repayment terms.
Medical debt incurred during the marriage is typically a shared liability. Document outstanding balances, payment plans, and which family member the treatment was for.
Tax obligations including back taxes, penalties, and liens can be substantial. If you filed jointly, both parties may be liable. Documentation helps determine who is responsible and how to resolve the debt.
Court judgments, collection accounts, and garnishment orders are debts that must be disclosed and allocated. These can also affect credit and the ability to refinance or qualify for housing.
Health insurance coverage changes after divorce. You need to know current premiums, what is covered, and the cost of adding or removing a spouse. Children's coverage must be addressed in the decree.
Whole life and universal life insurance policies have a cash surrender value that is a marital asset. Life insurance is also commonly required in divorce decrees to secure child support and alimony obligations. Get the current cash value from your insurer.
The declarations page summarizes your coverage, premiums, and insured vehicles. After divorce, policies typically need to be separated, and costs may change significantly.
Insurance premiums are a monthly expense on the Financial Declaration. The policy also documents coverage for valuable personal property (scheduled items) that may need to be divided.
Umbrella policies provide additional liability coverage beyond standard policies. These are expenses that may change post-divorce and should be documented on the Financial Declaration.
Birth certificates establish parentage and are needed for the divorce petition. They confirm each child's age, which affects custody schedules and child support duration.
School records document where children currently attend and any associated costs. School location is a factor in custody arrangements, especially if one parent plans to relocate.
Work-related childcare costs are added to the base child support obligation under Utah law and divided proportionally between parents based on income share. These can significantly affect the final support amount.
Sports, music lessons, camps, and other activities represent ongoing costs that should be addressed in the parenting plan. Documenting current costs helps establish a fair cost-sharing arrangement.
Out-of-pocket medical, dental, and vision expenses for children are typically split between parents proportional to income. Health insurance premiums for children are also factored into child support calculations.
Children with special needs may require ongoing services that affect custody arrangements and financial obligations. IEPs, therapy records, and treatment plans help establish both current and future needs that should be addressed in the decree.
Business tax returns are required for any entity in which you have a majority or controlling interest. They reveal income that may not appear on personal returns and are essential for accurate support calculations.
P&L statements show revenue, expenses, and net income over time. They provide a more current picture than tax returns and help verify the ongoing earning capacity of the business.
Balance sheets list all business assets, liabilities, and equity. This information is critical for determining the business's net worth, which is a marital asset if the business was started or grew during the marriage.
A formal business valuation from a CPA or valuation expert provides an objective assessment of the business's worth. If one already exists (from a sale attempt, loan application, or partnership buyout), bring it. Otherwise, mediation can help determine if one is needed.
Operating agreements and partnership agreements may contain provisions about transfers, buyouts, or restrictions that affect how a business interest can be divided in divorce. These are important legal constraints on property division.
Business bank statements show cash flow, deposits, and expenditures. They help verify income reported on tax returns and can reveal personal expenses run through the business that should be counted as income.
The marriage certificate establishes when the marriage began, which determines the length of marriage for alimony calculations and what property is considered marital vs. separate.
A prenuptial or postnuptial agreement may override Utah's default property division rules. Bring the original signed agreement so both parties and the mediator can review its terms and determine how it applies.
Existing court orders remain in effect and set the baseline for negotiations. Temporary orders regarding custody, support, or property use inform what the final decree should address.
Wills and trusts will likely need to be updated after divorce. Trust assets may also be relevant to property division, and existing beneficiary designations should be reviewed as part of the settlement.
Existing powers of attorney that name your spouse should be revoked and replaced after divorce. Bring current documents so they can be addressed in the settlement agreement.
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