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Divorce: Discovery of financial records... how far back in North Carolina

Winterville, NC |

If a separation goes got trail for ED, etc... what is exactly is involved in the discover process? Are assets revealed at the time of the subpoena or the time of separation? How far back into the "marriage" do you have provide information and how do you get it. If required to go back in history, I would have a difficult time remembering all the accounts that have been opened and closed over the years. How do you get detailed information on them if they are closed?

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Attorney answers 1


What you are referring to is the discovery process whereby each spouse is allowed to seek financial records from the other spouse. There is no clear limit on how far back records may be requested. A lot has to do with what the issues are in your particular case. If the request for production of documents seems overreaching or excessive in light of the issues involved, an objection to the Request for Production may be made, and the Judge in your case can be asked to rule on what is required to be produced and what does not have to be produced. Subpoenas are not normally used in this process unless you are requesting this information from a third party other than your spouse. Rule 34 of the North Carolina Rules of Civil Procedure governs the production of documents. If you wait until trial to seek documents, you are probably waiting much too late. I suggest you contact an attorney to assist you in the matter.

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