There are many issues involved in the divorce process that people may not be aware are important until the situation arises. Our Santa Fe Divorce Lawyers often receive questions from clients about problems they encounter because they begin the marital dissolution process without legal representation. One common example of such a situation involves a divorce where one’s spouse decides to disregard obligations under New Mexico law to comply with financial disclosure requirements as part of the marital dissolution process and/or fails to respond to discovery requests for financial information or documents.
This financial information is essential to ensure that the division of community property is suitable and to arrive at appropriate orders for spousal maintenance and child support. When a spouse refuses to comply with appropriate discovery requests or financial disclosure requirements, a motion to compel is a valuable tool that our experienced Santa Fe Divorce Lawyers may utilize to obtain the information or documents and request that the other party pay the costs and attorney fees associated with being forced to pursue the motion to compel.
When a party fails to comply with discovery requests and/or mandatory disclosure or other requirements, our law firm will typically send a letter to the party (or his or her attorney when represented) demanding compliance with the requirement within a fixed number of days. If the other party still fails to respond or provides an inadequate response, we may then file a motion to compel asking the judge to issue an order directing the other party to respond and impose financial sanctions on the spouse for failure to respond appropriately.
There are a range of situations where our Santa Fe divorce lawyers might file a motion to compel including:
• Failure to provide a financial affidavit as required
• Incomplete or missing answers are provided to interrogatories (questions answered under penalty of perjury)
• Refusal of a party to attend mediation
• Non-attendance at court ordered parenting classes
• Failure to produce financial documents/information like bank statements, credit card bills, tax returns, pay stubs, etc.
The above information is designed solely to illustrate general principles of law, and does not constitute a specific legal opinion on individual cases. We suggest that you contact experienced legal counsel for a specific opinion tailored to your individual circumstances.
If you have questions or concerns about divorce or other family law matters, Jay Goodman & Associates offers a free consultation in our centrally located offices in Santa Fe and Albuquerque so that we can discuss your situation and answer your questions. Call us today to schedule your free consultation at (505) 989-8117 to learn about your rights and options.