Divorce -- requesting bank statements

Asked 11 months ago - 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)

  1. David P. Badanes

    Contributor Level 12

    1

    Lawyer agrees

    1

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

  2. Peter Christopher Lomtevas

    Pro

    Contributor Level 20

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

    Good luck.

  3. Vivien I. Stark

    Pro

    Contributor Level 12

    Answered . 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... more

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