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?
During the discovery process the attorneys can ask for any number of documents. So be prepared to retrieve them. I am not an attorney, but my guess is that the only assets you currently want to split need documentation. No point in bringing paperwork about a closed bank account from 1983 in which the money has gone elsewhere.
Also curious to know if we have to have to provide information about accounts that were closed before separation date how can we satisfy that we have done everything to provide them. LIke I used to run a yearly thing for a non-profit, so I have opened and closed at least 8 different checking accounts at one bank, and have zero records. If I send them a letter requesting the info and they do not provide the information, am I good to go?
There are certain disclosures that must be made. If the other side requests the records, and has a reasonable basis, you will have to make efforts to get them. Depending on how long ago the accounts were open, I’m sure the bank could provide the records.