![]() ![]() Our firm generally conducts a cost-benefit analysis that looks at the cost of what it may take to get the information you’re seeking versus what the potential benefit is of getting that information to determine whether it is best for your particular case. For instance, one spouse may refuse to provide a 401k statement or information about business profits to keep these assets from the other party or reduce their child or spousal support obligation.Īs with most strategies within a divorce proceeding, whether you should or should not file a motion to compel depends on a number of factors. Similarly, most requests to compel discovery relating to concealed financial assets. ![]() Spouses typically file motions to compel in divorce proceedings when the opposing party refuses to turn over evidence necessary to be able to settle the divorce or prepare for trial, such as financial documents, or proof of the other’s alcoholism or infidelity, which might affect their entitlement to alimony, child custody, or the division of assets. Not only can these motions order someone to relinquish certain documents, but they may also penalize a spouse for destroying critical evidence or fraudulently transferring financial assets. Our experienced lawyers can quickly react to these red flags by filing a motion to compel. One divorcing party may claim to have “lost” the evidence, delay giving testimony, or respond with vague objections to production. When spouses realize the requested evidence might harm their personal or financial interests, they often make excuses for not providing it. Reasons for Requesting Judicial Intervention during Divorce Proceedings If those conditions are met, your attorney can file a motion to compel, requesting the other side comply with providing you with the information you sought. You also must have fulfilled any discovery responsibilities that you have. Additionally, you must notify your spouse and any affected third parties that you will seek judicial intervention if they fail to provide the requested evidence. You must obtain evidence through standard discovery methods, such as letters between attorneys, formal documents, or personal requests, before filing the motion to compel. Time and opportunity to inspect certain documents or property.Emails, text messages, photographs, and videos.Tax returns, pay stubs, bank statements, and other financial information.Requests for admissions of undisputed facts.Scope and Limitations of a Motion to CompelĪ motion to compel asks the presiding probate and family judge to order one party to provide the opposing side with evidence related to the divorce proceedings. With over 35 combined years of exclusive family law experience, our attorneys know how to handle complex divorce cases where one party may create obstacles. If your soon-to-be ex-spouse hides evidence, engages in unlawful delay tactics, or fails to comply with reasonable discovery requests, an extraordinary lawyer from O’Connor Family Law can help you file a motion to compel evidence and help you throughout your divorce case. Some spouses provide vague answers and objections to discovery requests to burden their ex-partner financially. Spouses may lie about their net worth, refuse to produce tax returns, or purposefully delete text messages incriminating them for adultery. During contentious divorce proceedings, opposing parties may hide critical evidence from one another and the court. ![]()
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