Can I reopen discovery if I have found evidence that my wife did not make a complete disclosure of assets or income, and can she sue me if I do not sign the Consent Order as it is currently written?
I would strongly recommend that you talk with a domestic litigation attorney in your area that can advise you specifically on your state’s laws regarding discovery, consent decrees and what to do if you feel your wife is not fully disclosing her assets.
In Wisconsin, where I practice, if I discover strong evidence that an opposing party has not disclosed an asset or income stream and discovery is closed, I can file a motion asking that discovery be reopened.
I would advise the court that I have proof or substantial reason to believe that an asset or income stream has not been disclosed and request that discovery be re-opened.
As for the Consent Order, I typically advise client’s not to sign anything that may result in giving up certain rights unless the client is comfortable with what he is signing and understands the implications of signing.
It sounds to me like you are uncomfortable with what you are being asked to sign, and the threat that you will be sued if you do not sign this document may or may not have any weight. It could just be a scare tactic.
That said, you should definitely consult with an attorney who can provide you specific advice on your rights in this situation.
Remember, I am unable to provide you with anything more than general divorce tips, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your case.
Mat Camp is a former Lexicon Services Online Editor, who focused on providing a comprehensive look into all aspects of the divorce experience. On MensDivorce.com, he concentrated on issues, such as parenting time, custodial rights, mediation, the division of assets, and so much more.
Mr. Camp used the wealth of experience of Cordell & Cordell attorneys to bring tangible answers to reader questions in Ask a Lawyer articles, as well as offer a step by step process through the divorce experience with Cordell & Cordell Co-Founder and Principal Partner Joseph E. Cordell in Divorce 101: A Guide for Men.
Mr. Camp used thorough research to highlight the challenging reality that those who go through divorce or child custody issues face. He helped foster the continued success of the Men’s Divorce Survival Guide, the Men’s Divorce Podcast, and the Men’s Divorce YouTube series “Attorney Bites.”