My spouse and I are in the divorce process and have agreed to see a mediator. She has consulted with an attorney, and they are working on preparing paperwork. If her attorney requests my financial information, am I required to supply it?
Let me begin by stating that I do not practice law in your state. Therefore, I cannot inform you as to the specific laws of your state, but I can provide you with general tips in divorce.
It sounds as though you and your spouse are attempting to work out an agreement to resolve any issues in your divorce, and it is likely that the attorney is drafting paperwork that could be filed with the court to either initiate a divorce, or potentially for a dissolution of marriage. That is just a guess. However, hat is more important at this time is that you recognize that the attorney can only represent the interest of the party that they are representing. That attorney will not be able to give you legal advice, and is not obligated to protect your interests in any proceeding.
Absent any court orders, you are not required to turn over any documentation. However, when or if a divorce is filed, then there would likely be an order to turn over documents in a process called discovery. You would also be able to request documents from your spouse.
Given that your spouse has representation and you are entering into negotiations to terminate your marriage, I strongly encourage you to meet with a Cordell & Cordell attorney in your state to discuss your rights and to ensure that your interests are protected.
Dan Pearce is an Online Editor for Lexicon, focusing on subjects related to the legal services of customers, Cordell & Cordell and Cordell Planning Partners. He has written countless pieces on MensDivorce.com, detailing the plight of men and fathers going through the divorce experience, as well as the issues seniors and their families experience throughout the estate planning journey on ElderCareLaw.com. Mr. Pearce has managed websites and helped create content, such as the Men’s Divorce Newsletter and the YouTube series, “Men’s Divorce Countdown.” He also has been a contributor on both the Men’s Divorce Podcast and ElderTalk with TuckerAllen.
Mr. Pearce assisted in fostering a Cordell Planning Partners practice area specific for Veterans, as they deal with the intricacies of their benefits while planning for the future. He also helped create the Cordell Planning Partners Resource Guide and the Cordell Planning Partners Guide to Alternative Residence Options, specific for seniors with questions regarding their needs and living arrangements.