How to Obtain Financial Information on Divorce

Money's a chief concern in a divorce.

A major element of a divorce case is the division of the spouses' assets and debts. Achieving this objective requires a close examination of financial information and data. You must ensure you have access to all relevant financial information, data and materials early in the divorce proceedings. Every state's divorce laws include tools and resources that allow a party to a divorce the ability to obtain vital financial information.

Things You'll Need

• Financial worksheet
• Motion to compel
• Subpoenas

Instructions

1. Obtain from the clerk of the court a financial worksheet. A financial worksheet is a standard form that both parties to a divorce are required to complete, share with the other spouse and file with the court. The financial worksheet requires that you--and your spouse--fully disclose all financial information.

2. Complete the financial worksheet with all deliberate speed. By completing the financial worksheet in a timely manner you position yourself to be able to take swift legal action if your spouse fails to comply with these disclosure requirements.

3. Sign the financial worksheet, keeping in mind that you execute the document under oath. Because you sign the financial worksheet on your oath (in front of a notary public), if you provide false information you can be held in contempt and even charged with perjury.

4. Deliver a copy of the financial worksheet to your spouse.

5. File a copy of the financial worksheet with the clerk of the court.

6. Review closely a financial worksheet provided by your spouse.

7. File what is known as a motion to compel with the court if your spouse fails to provide a financial worksheet. The court clerk likely has a standard motion to compel form for your use. Include in the motion to compel a request that the court impose sanctions (a monetary penalty) on your spouse for failure to provide the financial worksheet in a timely manner.

8. Request subpoenas from the judge if you legitimately believe your spouse failed to fully disclose financial information. Through the subpoena process you obtain original documentation and records from financial institutions and other businesses and individuals (your spouse's accountant, for example) that maintain records and data relative to your spouse's finances.

9. Schedule a deposition of your spouse or any individual that you believe has relevant financial information. A deposition is questioning of your spouse or another witness under oath in front of a court reporter.

10. Analyze all documents, data and materials that you obtain through these various processes. By taking full advantage of these procedures you are in the best position to obtain a complete array of crucial financial information.

Tips & Warnings

• Consider engaging the services of an attorney to represent you in your divorce case. Although these organizations cannot refer a specific lawyer to you, both the state and local bar associations maintain directories of attorneys in different practice areas. Contact information for these groups is available from the American Bar Association:

• American Bar Association

• 321 N. Clark St.

• Chicago, IL 60654-7598

• 312-988-5000

• Abanet.org

References

• "The Divorce Organizer & Planner;" Brette Sember; 2004
• "Essential Guide to Divorce;" Emily Doskow; 2008
• Cornell University Law School: Divorce and Separation, An Overview

Resources

• American Bar Association: Section of Family Law
• American Bar Association: Directory of State and Local Bar Associations