I am headed into discovery in a contested divorce. I have a lawyer. I would appreciate an answer without referring me back to my lawyer.
Divorce / Separation Lawyer
yes, if it is relevant to your marital estate and during the time of or surrounding the time of your marriage.
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Family Law Attorney
Yes, IF it is relevant to the divorce action. HOWEVER, you should not even try to do this behind your attorney's back. First of all, you won't know how to do it AND a subpoena duces tecum will be taken more seriously if signed by an attorney.
Family Law Attorney
Why would you hire a lawyer and then bypass them to seek advice on the internet? This makes your lawyer's job harder, and the advice you get here is bound to be less reliable than information coming from your own lawyer, who has all the facts of the case.
In answer to the question, you, as a private party, can't subpoena anything. If you're representing yourself, you can ask the court clerk to issue a subpoena in your case. You certainly have the right to request information about your wife's finances and use of funds. In practice, you will probably find it a lot easier to get the information from your wife - she's legally obligated to provide you with complete and accurate statements of her bank accounts and assets - than to try to get information from these companies. They will not take you seriously, and will resist your attempts to compel information.
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Child Custody Lawyer
Yes you can if it is relevant. I agree that you should be talking to your attorney about this. If your attorney sends the subpoena, my opinion is that subpeonaing the companies could be eaiser (and possibly cheaper) than getting documents from a spouse who is being difficult with discovery.
My response(s) to the question(s) on this website do not create an attorney-client relationship. An attorney-client relationship is not created until a Fee Agreement has been signed. In addition, my suggestions are based on very limited information provided by the Asker and are given based on my experiences and general circumstances. My suggestions may not ultimately be applicable to the Asker's situation because of the limited amount of information provided. No suggestion is guaranteed to be sucessful. Case specifics should not be shared online. You should seek specific legal advice in a private setting. Shannon L. Hall, Attorney at Law (Licensed in Oregon) 245 East 4th Avenue, Eugene, OR 97401 Phone: 541-434-2411, Email: Shannon@GoodOregonLawyers.com