The divorce process is far from ideal or efficient. This process is further strained when one of the parties does not cooperate with basic discovery requirements. This generally occurs when one party refuses to provide requested documentation or is evasive when responding to written or oral requests for information. That party may believe it is beneficial to withhold potentially harmful information from opposing counsel under the assumption that a valid case cannot be made when information is unavailable. In these instances, it is important to understand the ways to obtain this key information as well as how to proceed with the limited information available.
In situations where a party is not forthcoming, a case can be severely impacted and can influence the attorney’s case strategy and how an economic expert will reach their conclusions. For an attorney, if they cannot get the most basic information requested, it often leads to their own client spending more money and time to try to locate what is missing. In addition to sending the opposing party written discovery, the attorney needs to take depositions, send subpoenas to third parties and try to piece together the missing information.
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