Legal Question in Family Law in Massachusetts
Disclosure
How can you find documents when the opposing party refuses to provide the documents? How do you obtain tax return records of businesses that the opposing party has interests in? How do you do searches of past and present bank accounts?
1 Answer from Attorneys
Re: Disclosure
Rule 410 is Mandatory Automatic Disclosure under the rules of domestic procedure (look up Rule 410 it enumarates automatic disclosure, i.e. taxes, etc. and/or ask the clerk of court for a copy of the rules). If the opposing party is not cooperating, you may want to serve them with discovery requests such as, "Interrogatories and Request for Production of Documents." If they do not respond according to the rules (which I believe is within 45-days), you can file a motion to compel discovery. This way you can make the court aware that the opposing party is not cooperating (with either Rule 410 or Request for discovery) and this will create a presumption that they are avoiding disclosure and hiding information.
You should consider discussing this with a domestic relations attorney. Good luck!
Sincerely, Maria Murber
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