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divorce ?- do not post

Additional Information:

We are in the process of getting a divorce.  My soon to be ex-wife has hidden assets in her mom and sister’s accounts. How can I subpoena those accounts? I know the bank account #s and they are extensive assets.  We just finished up the mandatory mediation where she neglected to disclose this information.  If I subpoena the bank records will I have to get a postponement of the divorce date through a motion?

ATTORNEY ANSWER:

In divorce cases you can subpoena records as part of the case’s discovery process.  A divorce action would have to be filed with the appropriate Probate and Family Court, then the Massachusetts Rules of Domestic Relations would direct how and when you could subpoena the records.  Also, the Rules of Domestic Relations require a Financial Statement to be filed with the court and exchanged between the parties.  The Financial Statement must be signed by the party under the penalties of perjury.  Therefore, the failure to disclose assets could have ramifications for the party failing to do so and it may be viewed as fraud.  The discovery process is usually part of a contested divorce, commonly referred to as a 1B divorce in Massachusetts.  If you are proceeding with an uncontested divorce, commonly referred to a 1A, then you are not engaging in discovery and you may want to proceed with a contested divorce to challenge your soon to be ex-wife’s finances.  This would delay the divorce.  I would suggest consulting an attorney from Tiffany Fina who would help you out with various problems you would come across while you are going though such hard times.