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My wife is not responding to divorce discovery requests, what action can be taken against her?

Edina, MN |
Filed under: Divorce Discovery

I gave my wife lawyer 1 year paystubs and bank statements as part of divorce discovery process and ask her to produce the same; But she nor her lawyer never responded. What kind of legal action can be taken against her?

Attorney Answers 5

  1. You should speak with an attorney about filing a Motion to Compel and for Sanctions. Good luck!

    Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.

  2. It will depend on how you asked for the information. If you were engaging in informal discovery where the parties simply exchange documents, then there isn't a whole lot you can do. If you served them with an interrogatory, then they have 30 days to respond. After that you can file a motion to compel. You should retain an attorney to help you figure out the best way to proceed, especially if your wife has counsel.

  3. The previous advice is good, however, before doing a motion, contact the attorney reminding that you had previously requested X, Y, Z... on such and such a date and to please contact you as to when you can receive this information. That way if you bring a motion later, you have more than one communication trying to get the attorney's cooperation. Best of luck.

  4. If you served formal discovery and there has been no response for more than 30 days. You need to attempt to secure the responses from the other side before you can request court assistance through a motion to compel. If it was informal discovery (i.e. you and the other side just agreed to exchange information without any formal documents being served), you may want to try and get a telephone conference with the judge. Dealing with discovery can be complex and could be an important strategic part of your case. Discovery is also governed by a lot of court rules, it might be a good idea to contact an attorney about how to proceed.

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