Olivia and Oscar are going through a contentious divorce in the Massachusetts Probate and Family Court. They are facing issues exchanging financial information. Oscar is a partner in an accounting firm which is local and privately held. Olivia’s attorney requested Oscar’s most recent K-1 form. The form listed his income from the partnership last year. Oscar is refusing to provide them. Olivia wonders how she can ensure receiving the documents. She knows these are crucial for her alimony claim.
Oscar will likely need to give the documents to Olivia during discovery. Discovery is the exchange of information pre-trial. According to the Massachusetts Rules of Domestic Relations Procedure, the parties are entitled to “any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party[.]” [1] The requested documents are not protected by privilege, such as attorney-prepared memoranda, and are relevant to the matter. Therefore, Oscar must turn them over to Olivia once he receives a properly drafted request to produce them.
The Probate and Family Courts provide for automatic exchange of some information between parties to a divorce action. The parties must file and send a financial statement to the Court within 45 days of serving the divorce complaint. Each party is entitled to the other’s pay stubs, tax returns, and supporting documents for the last three years, (unless filed jointly).
The financial statement requires each party to provide details on personal information, income, weekly expenses, assets, and liabilities. Parties earning less than $75,000 annually must submit a short form for financial matters. Those earning more must complete a long form.
In addition to the above, a party may serve upon the opposing party a request to produce other types of relevant documents. Some examples include the last three years’ worth of bank statements, financial statements, profit-and-loss statements, and copies of loan and mortgage applications.
Should Oscar refuse to cooperate with the discovery rules, Olivia may file a motion to compel cooperation, by which the Court may order Oscar to turn over the requested documents. The rules impose sanctions, including fines, on the non-cooperative party. They must pay these fines.
If you have any questions about divorce or related domestic relations issues, you may schedule a free consultation with our office. Call 978-225-9030 during regular business hours or complete a contact form here, and we will get back to you at our earliest opportunity.
[1] Mass. R. Dom. Rel. P. 26(b)(1)