Washington, DC asked in Divorce, Business Law, Family Law and Tax Law for District of Columbia

Q: My spouse refuse to show his business, tax return and a discovery process of a divorce , how can I get a copy of his tax

My spouse claimed the business is not in his name, and refused to show business tax return

2 Lawyer Answers

A: You would have to file a Motion to Compel with the court. You need to show that you asked for the records and he refused to provide them. You need to show that you are entitled to the records as well. The court will review your motion and rule on it.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Tax Law Lawyer
  • Sacramento, CA

A: In a divorce proceeding, both parties are typically required to disclose all financial assets and liabilities, including business interests and tax returns, through the discovery process. If your spouse refuses to voluntarily provide this information, you can use formal legal tools within the discovery process to compel the disclosure. This includes submitting requests for documents, interrogatories (written questions that must be answered under oath), and, if necessary, a subpoena for the tax returns and business records.

Your attorney can play a crucial role in this situation. They can file a motion with the court to compel your spouse to produce the necessary documents. If your spouse continues to refuse or claims the business is not in his name, the court has mechanisms to uncover the truth, including the ability to order deeper investigations into the business's ownership and financials.

It's important to communicate your concerns and objectives to your attorney clearly. They can advise you on the best strategy to obtain the needed financial disclosures and can represent your interests in court. Patience and persistence are key, as the discovery process can be lengthy and complex, especially when one party is uncooperative.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.