Am I obligated to release my checking account information in a divorce case due to mandatory disclosure rule? 6 Answers as of January 12, 2017My fiancé has filed for a divorce against his wife in another state. Part of the paperwork, he is required to send her our 3 months of checking account statements. We have a joint checking account. Can I refuse to comply with this since I am not part of this action and they were not together when we met? What will happen to him consequently? He is a veteran and representing himself.
Law Office of Barton R. Resnicoff | Barton R. Resnicoff
In NY, any asset in his name, solely or jointly with another is subject to disclosure, even if all the funds came from you, i.e., separate property. The real issue is what is she entitled to from his after their separation, and vis versa. Chances are, after disclosed, it won't make a difference.
Answer Applies to: New York
Ronald L. Bornstein, P.A. | Ronald L. Bornstein
Representing yourself in a divorce case, especially in another State, is like bringing a slingshot to a gunfight. He should engage an attorney licensed to practice in that other State right away. Getting a joint checking account before his legal matters were in order was not a great idea. If the laws in the other State are similar to Florida's, then he will likely have to produce the account records, though he may be able to redact information that pertains directly and only to you. He should consult with an attorney in that jurisdiction to discuss the specifics of his situation and his options.
Answer Applies to: Florida