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Struggling with Ex's Financial Disclosure: What Next?

This legal question related to Family law attorneys in MiamiFlorida has been answered.

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Location: Miami  |  Law type: Family law attorneys
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I feel trapped because my ex is stonewalling any financial discussion; how do I legally get him to disclose his financial situation?

I'm in a tight spot here. My ex has been dodging all of my attempts to discuss our financial situation. I had my solicitor send him a letter asking for financial disclosure, but he just ignored it. Now, he hasn't even signed the Acknowledgement of Service for our divorce petition. My solicitor is suggesting that we go the legal route and get a court order to force him to disclose his finances. The guy did mention that he wants to sit down and talk about our finances, but how can we even begin discussing anything if I don't know what his financial situation looks like? It's frustrating! I've been quoted £392 for the court order. Anyone else been through this? What kind of lawyer should I be looking for? How do I find a trustworthy and affordable one?

Commonly posted questions...

Enforcement of a Brazilian divorce decree in America
1 month 1 week ago, Family law attorneys, State College

Legal Solution

The response provided below is specific to Family law attorneys in the jurisdiction of Miami. If the response is inadequate, please submit a detailed inquiry.

Legal Context and Understanding

When spouses decide to divorce, it's crucial that both parties are transparent about their financial positions. This ensures that asset division, alimony, and child support decisions are fair and based on complete information. If one party fails to disclose their finances, it can result in unfair settlements, leading the other party to take legal actions to obtain the necessary information.

Relevant Statutes and Web Resources

Potential Solutions

Given the circumstances, you have a few potential pathways:

  1. Mediation: Before jumping into legal proceedings, consider hiring an arbitrator or mediator. These professionals can facilitate conversations between you and your ex, aiming to reach an agreement without the need for court intervention. Here's a link to find arbitration and mediation attorneys.

  2. Court Order: If mediation doesn't work or isn't suitable, your solicitor's suggestion of getting a court order for financial disclosure might be the next best step. This will legally compel your ex to provide the necessary financial information.

  3. Hire a Specialized Lawyer: It's essential to hire an attorney with expertise in family and divorce matters to guide you through this process. Here's where you can find the right lawyer for your situation.

Legal Fees Breakdown

Service Description Average Cost
Initial Consultation £125
Financial Disclosure Request £250
Court Order for Disclosure £392
Mediation Session (per hour) £175

Note: Legal fees can vary based on the complexity of the case and the lawyer's experience. Some lawyers might offer a sliding scale based on your income or a flat fee for specific services.

Further Clarification

Can you provide more context on any prior agreements or discussions you had with your ex regarding financial matters? Any information will be valuable to tailor the advice further.

Please take action soon. The more you wait, the more challenging the situation may become.

Essential Information Needed from You:

  • Have you and your ex ever had any written agreements about finances?
  • Were there any witnesses or any documentation when your ex mentioned discussing finances?
  • What is the total estimate of assets that need to be divided?

Q1: How long do I have to wait for my ex to respond before I can take legal action?

Typically, after serving the request for financial disclosure, there's a specific time frame (often 30 days) within which the recipient should respond. If they don't, you can proceed with legal actions.

Q2: What happens if my ex provides false information in the financial disclosure?

Submitting false information during a legal proceeding, especially in a matter as crucial as a divorce, can have severe legal repercussions. If proven, the party providing false info can face penalties and might have to cover legal costs.

Q3: Can I reclaim the costs of the court order from my ex?

It's possible to ask the court to order the other party to cover legal costs, especially if their non-compliance was the reason for the additional expenses. However, the decision rests with the court.

Q4: Can I change lawyers midway through the process?

Yes, you can always choose to hire a different attorney if you feel your current one isn't representing your interests adequately. It might incur additional costs and can prolong the process, but you have the right to representation you trust.

Q5: What if my ex discloses his finances but refuses to split assets fairly?

If an agreement can't be reached, the court will intervene and ensure assets are divided according to the law, taking into consideration the disclosed finances, the duration of the marriage, contributions from each party, and other factors.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

Written, answered, changed

Legal question "Struggling with Ex's Financial Disclosure: What Next?" has been changed 9 months ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Miami & area of law: Family law attorneys.
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A Family attorney in the United States is a lawyer who assists clients with civil legal matters, such as "child custody", "alimony", "domestic violence" or "divorce" cases. The "family law" candidate should have at least 2 years of family law experience. These experiences may include divorce proceedings as well as child custody and counseling. Browse our database of family lawyers and get a free family law consultation.

  • Marriage, civil unions, and domestic partnerships (domestic violence)
  • Adoption and surrogacy
  • Child abuse and child abduction (child custody, child care)
  • The termination of relationships and ancillary matters, including divorce, annulment, property settlements, alimony, child custody and visitation, child support and alimony awards
  • Juvenile adjudication
  • paternity testing and paternity fraud
  • more about family law at wikipedia

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