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Divorce - Spouse submitted incomplete evidence after motion to compel hearing.

Simi Valley, CA |

During divorce hearing, spouse was ordered to comply with certain discovery questions. Spouse failed to provide complete responses (i.e. only a portion of financials, incomplete tax returns, etc). What's the best course of action to take?

My apologies. I forgot to mention that I had already filed a motion to compel. At that hearing the judge asked her how long it would take to get those items. She said 2 weeks. The evidence she presented less than 10% and half of that was evasive, at best.

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Attorney answers 3


Motion to Strike either their Petition/Response and proceed via default.



So, in the case of her income tax statements, where I was trying to prove that she withheld evidence of a refund, how does the "motion to strike" response benefit me, when I don't have access to those records? Same applies to her financials?



What does "proceed via default" mean in lay-man terms?


You can meet with a family law attorney to determine if you can file for contempt or another Motion to Compel and seek sanctions for your spouse's uncooperative and dilatory behavior. You can also issue subpoenas directly to the institutions from which you desire information. Because the discovery process is time consuming and costly, take a few moments to ascertain what you really need to prove your position. It is possible that you can make certain inferences by the absence of information, especially after one is given another chance to produce information. Consulting with a family law attorney who has the ability to review the proceedings thus far may yield other options as well.

The answer provided is a general response based upon information contained in the query which has not been substantiated or otherwise verified. For complete advice particular to your individual situation, you should consult with an attorney in your local area that is well versed in family law.


You can file a Motion to Compel and ask for Evidentiary Sanctions that he cannot use any documents that he failed to produce as evidence. That should get their attention. You can also ask for Monetary Sanctions for your attorney's time in bringing the motion. There are certain rules you have to follow so you should consult with an experienced family law attorney.

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