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
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Answered
  • 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.

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