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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
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Experience:  Lawyer
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If I apply for a legal separation or divorce & my wife

Customer Question

If I apply for a legal separation or divorce & my wife refuses to divulge her personal finances in the process, can the legal proceedings continue?
Submitted: 8 months ago.
Category: Legal
Expert:  Lucy, Esq. replied 8 months ago.


I'm Lucy, and I'd be happy to answer your questions today.

Yes, it can.

You'll be able to file a Motion to Compel her finances. If she doesn't, then you can file a Motion for Contempt. The judge can order her to pay fines or other penalties for not providing her financial information. He can also throw her in jail until she does it. If none of that works, the judge can ASSUME that whatever numbers you give him for your wife's finances are correct, and then enter a judgment based on your figures. And if you decide to hire a lawyer to get her financial information because she won't provide it, you can also get a court order asking her to pay the fees. So, there are many, many ways to get the information.

But if all that fails, you will still wind up divorced at the end of the day. As a matter of public policy, courts won't make people remain married when one of them has determined that the marriage is broken and cannot be repaired. Withholding necessary information will delay a divorce, but it can't stop it.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Expert:  Lucy, Esq. replied 8 months ago.

Do you have any other questions about this?