How far back can you go in discovery?


Sharing is Caring


Generally, discovery is limited to 10 years, thus in order to protect your client in written discovery, if their conviction was over 10 years ago, a proper objection will buy you some time.

How far back do credit cards go on divorce?

Five years of all years of bank statements, investment account reports, credit card statements, and any document which identify money accumulated by either or both of the parties. Account information should also include funds which are being held for the benefit of minor children.

How are bank accounts found in divorce?

You can obtain the account information from your spouse directly through discovery served on your spouse, and/or by issuing a subpoena to the financial institution directly.

Can credit card statements be used in divorce?

If you’re going through a divorce, one of the first things an attorney will tell you is to gather your financial information, including bank account statements, credit card statements, title documents, and mortgage documents.

Can court request divorce bank statements?

You can pray the court to direct the bank to provide the bank statement of your wife to the court to know your wife’s salary details. Dear Sir, Your property details, investments and assets can be accessed by your spouse under the Right to Information Act (RTI). …

How is debt figured in a divorce?

The law considers debts incurred after the marriage date and before the couple separate to be “community” debt. Even if only one spouse incurred the obligation, it’s still a 50-50 joint responsibility. Debts that arose prior to marriage and after separation are normally characterized as “separate” debt.

How do I find hidden accounts in a divorce?

  1. Income tax returns. While your spouse may not be afraid to lie to you, he could be more fearful if he is untruthful to IRS in his income tax return.
  2. Bank account statements.
  3. Loan applications.
  4. Credit card statements.
  5. Business records.
  6. Public records.

Can you hide bank accounts in divorce?

Because each party is required to divulge all assets, hiding assets during a divorce amounts to contempt of court. A judge may issue sanctions and require the spouse who is found to have hidden assets to pay the other’s legal fees. The judge can even grant higher alimony payments.

Can I hide a bank account during divorce?

If you are caught omitting a bank account, you may face severe penalties including but not limited to losing credibility with the judge, sanctions (fines), or criminal charges. Often, if the other spouse thinks you may be hiding assets, the other spouse may hire a forensic accountant to help investigate.

Is personal debt shared in divorce?

As part of the divorce judgment, the court will divide the couple’s debts and assets. The court will indicate which party is responsible for paying which bills while dividing property and money. Generally, the court tries to divide assets and debts equally; however, they can also be used to balance one another.

What are considered personal items in a divorce?

Here are examples of movables: furniture (sofa, beds, tables, buffet, etc.) major appliances (fridge, stove, washer, etc.) small appliances (coffee maker, toaster, microwave oven, etc.)

Should I pay off credit cards before divorce?

Pay off or transfer debts ahead of the divorce if possible. This way if your spouse doesn’t make their debt payments, they’ll be the only one to suffer.

Can a party ever refuse to produce certain documents for discovery?

If they produce documents which prove not to be producible under R. 7-1(1), they may be guilty of breaching their client’s confidence; yet if they decline to produce they may breach their duty as officer of the court.

How long do you have to submit a claim to discovery?

Submit claims within four months. Older claims will be considered expired and will not be paid. Check the claim to make sure the following details are correct and clear: your name and membership number.

What is the ground clearance of a discovery?

Land Rover Discovery Sport ground clearance is 167 mm.

Can you refuse to give bank statement?

Armed with this information, the landlord makes decisions about your suitability as a tenant. In California, one of the pieces of information the landlord can ask for is your bank balance. You can, however, refuse to hand over confidential information.

Do you need financial disclosure for divorce?

It is very important that you have full financial information about your former partner. It would be very difficult to agree to a settlement if you do not even know the full financial picture. Remember, the finances must be split fairly, and this means having access to all the appropriate information.

Can the court look at your bank account?

To find out if you’ve got savings or are expecting a pay out, your creditor can get details of your bank accounts and other financial circumstances. To do this they can apply to the court for an order to obtain information. You’ll have to go to court to give this information on oath.

What should you not do during separation?

  • Keep it private. The second you announce you’re getting a divorce, everyone will have an opinion.
  • Don’t leave the house.
  • Don’t pay more than your share.
  • Don’t jump into a rebound relationship.
  • Don’t put off the inevitable.

How can I hide my debt from my spouse?

  1. Start by hiding any new income from your spouse.
  2. Overpay your taxes.
  3. Get cash back โ€” lots of it.
  4. Open your own online bank account.
  5. Get your own credit card.
  6. Stash your own prepaid or gift cards.
  7. Rent a safe deposit box.

Does my wife get half my debt in divorce?

Who is responsible for the mortgage, car loans and credit card debts? Your debts (and assets) will be shared fairly between the two of you. Your starting point should always be to try to come to an agreement with your ex-partner.

How do husbands hide money before divorce?

  1. Hiding Cash.
  2. Buying New Possessions.
  3. Paying Off a Family Loan.
  4. Not Reporting Cash Income.
  5. Delaying Bonuses or Promotions.

How do I find out if my spouse has a secret bank account?

  1. Hire a reputable divorce attorney who is knowledgeable about finding hidden assets.
  2. With the help of an attorney, you can subpoena many valuable records, including employment records, bank statements, loan applications and other account records.

How can I prove my ex is hiding money?

  1. Bank statements.
  2. Pensions statements.
  3. P60s.
  4. Payslips.
  5. Business accounts.
  6. Anything else that could contribute to your matrimonial assets.

How do I hide money in case of divorce?

One way that spouses without businesses may attempt to hide assets is through setting up trusts or “gifting” money to someone who will return it after the divorce is finalized. Spouses that hide assets will often involve family members or friends in the process.

Craving More Content?

Maine Divorce Law Blog