Requested documents from 22 years to present for mediation regarding Equitable Distribution


#1

My stbx and I are scheduled for mediation for child custody, child support, and property division. His attorney has asked me to produce bank statements and 401k statements from the date of our marriage, which was 22 years ago to present. I’m not able to obtain statements that far back. Is there a maximum number of years the opposing attorney can ask for documents as part of discovery? Thank you


#2

No, there is no maximum number of years for a financial document request.

Typically the purpose for asking for date of marriage account statements is to determine what, if any, portion of an account is a party’s separate property (i.e. there was a retirement account in existence and funded prior to the marriage so the amount on the date of marriage plan any passive gains on that amount would be that spouse’s separate property and not included in equitable distribution).

It is generally very difficult or impossible to get account statements from 22 years ago unless you still have hard copies filed away.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3

What happens if I’m not able to provide documents from that long ago?


#4

Then the entire account balance will be treated as marital property subject to being divided in equitable distribution.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#5

Ok, thank you. If his attorney requested documents that far back from me does my STBX have to provide the same? Thanks


#6

No, not necessarily but you can make a formal request to your spouse’s attorney for financial disclosures from the same time period.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.