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Divorce -- requesting bank statements

Utica, NY |

Hello I was wondering if someone could explain how requesting bank statements works. If a husband is requesting his wife's bank statements from the years they were married, can he do that, and can he be declined? If certain papers are requested can her lawyer provide whatever he and she want or do they have to provide everything? Or is the bank contacted? Thank you for your help.

Attorney Answers 3

Posted

Just serve a subpoena and pay a copying fee. You'll be swamped with statements.

Good luck.

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2 comments

Asker

Posted

Thanks for your reply. My attorney would have to serve a subpoena to the bank to get the other person's statements, right? I sent a list to my attorney of things to request and she forwarded to me the response from my soon to be ex's lawyer which includes some random checks when we requested statements. So I'm a bit perplexed what to do now. Thanks for your time.

Peter Christopher Lomtevas

Peter Christopher Lomtevas

Posted

Don't ask me to second guess your attorney. Do not use me as a check on your attorney. I am not on your case. I do not understand your case. I cannot guess at your case. Perhaps your attorney's strategy is to avoid bank statements. Perhaps your attorney does not want to get hit with having to produce your bank statements. Perhaps your attorney does not want to delay the case with bank statements. Perhaps there are no bank statements. The danger is that if you have me second guess your attorney, that could ruin your relationship with your lawyer and cause him to leave your case and then you'll be fried. Let your attorney do his job.

Posted

You serve discovery requests to the other side. Or you can serve a subpoena to the banks. Hire an attorney

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1 lawyer agrees

Posted

If a proper demand is made, the statements in your wife's possession or control should be turned over to you. This assumes no prenuptial agreement or other court order restricting discovery. If your wife does not possess the statements, you could compel her to sign an authorization for you to get the statements directly or you could subpoena the statements directly from the bank. Her lawyer is not supposed to provide what your wife wants to give you but rather should comply with a lawful discovery demand. You really should hire an attorney to obtain this information.

Advice on this forum is for informational purposes only and should never be mistaken as a substitution for legal advice. Answering a question does not create an attorney client relationship. If you need legal advice, you should consult or retain legal counsel.

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