Monday, January 23, 2012

What is a motion to compel and what are the consuquences for not turning in the financial disclosures?

So here's my situation. I'm going through a divorce and I have produced some of the financial disclosures needed for the other party. Some of them I do not have and have stated this to them many times. I will need to get a certificate of compliance filed with the court. I was told that if I do not turn in all of the financial disclosures that they will be filing a motion to compel. What does this mean and what are the consequences for this? Is there jail time, fines, and what all is involved with a motion to compel?What is a motion to compel and what are the consuquences for not turning in the financial disclosures?Motion to compel means that they are requesting that you urn over specified documents for review. If they are granted that motion, which they will be, you will then be given a specific amount of time to comply. Not complying with court orders to disclose financial information will absolutely result in you being held in contempt of court, which fines, and even a possible small prison sentence could be the action depending on the circumstances.



Everyone who goes through a divorce must submit financial information and anything else that will determine what is split up and or alimony and child support payments.



I would comply because remember these orders are issued but the same judge who ultimately will make many decisions in your divorce and the settlement and its not too good to piss off a judge that has your fate in his hands. take it easy, submit your papers and it will all be over soon and you can then go on and be done with this very stressful ordeal.What is a motion to compel and what are the consuquences for not turning in the financial disclosures?Well, if the judge gets pissed off at you, he could put you jail for contempt, but I've never seen that happen in a case like you describe. Either the judge will order you to produce the records or he will agree that you have done enough and it would be too much trouble, expense to ask you to get the additional records. If you have a lawyer, talk to him or her about what your defense to the motion to compel is. Most likely it is the expense/time needed to obtain the records. If the records are pretty easy to get, just turn them in or the judge will be unhappy with you.What is a motion to compel and what are the consuquences for not turning in the financial disclosures?this is why if you ever get married again =GET A PRENUP.

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