Divorcing wife who moved out of state. She isn't participating in the process at all. How can I do a discovery of assets?

Asked almost 2 years ago - Denver, CO

She was involved in an auto accident while we were married for which she has a pending (or current) injury claim. I understand that I should be entitled to some of that settlement for the lost wages, medical payments, etc. as it was initiated during our marriage and financially impacted both of us. She moved out of state a few weeks ago and refuses to communicate with me, and she has not participated/responded at all in our divorce case, including filing a financial disclosure. I'm assuming I will get a default judgment in our divorce, but how can I get access to that settlement (it was initiated in Colorado)? I'm pretty sure I do know the name of the attorney that she hired to handle that case if that helps. I also know that she received a personal loan against that pending claim already.

Attorney answers (2)

  1. 1

    Lawyer agrees

    Answered . You may need to consult with a personal injury attorney of your own as you may have the right to assert a lien against her settlement. If she is not cooperating with disclosures, you can contact the court facilitator and get his/her attention to the problem. Good luck.

  2. 1

    Lawyer agrees

    Answered . If your wife is represented by an attorney, your attorney (or yourself only if you are not represented by an attorney) should contact her attorney to obtain the required information. If your wife has not complied with the mandatory disclosure obligations under C.R.C.P. Rule 16.2 (which disclosures should include the information you seek), you may be able to ask the court for an order compelling the disclosures or the Family Court facilitator on your case for assistance. Neither the judge nor the facilitator can give you legal advice, however.
    It is important to have full disclosure of financial information before a divorce is finalized. If you do not have an attorney, you should get one. If you cannot afford an attorney, contact the Colorado Bar association and ask about the Do-It-Yourself Divorce clinics offered around the metro area (for free), or Metro Volunteer Lawyers to see if you qualify for a free or low-cost attorney.

    This response is for general information purposes only, and does not create an attorney-client relationship.... more

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