Discovery


#1

My stbx have been separated for about 9 months and finally reaching an end to this. We are in mediation and she is requesting my bank statements/credit card statements since we separated. Would a judge require this discovery if we were in court, or do I need to only supply documentation before we separated?


#2

The opposing party may need this information to establish equitable distribution.

A judge can subpoena this information if you don’t provide willingly.


#3

The information your spouse is requesting would be discoverable in court, and you may wish to turn it over voluntarily to save time and expense.


#4

OK thanks. What about credit card statements since date of separation if I am assuming the debt on them fully? Can they be subpoened.


#5

Yes they can. Your spouse is likely trying to determine if you have diverted any marital funds, or spent large sums of money immediately preceding, or after the date of separation.