If you’re divorcing, you and your spouse are obligated to provide financial information to each other. This information is then used to determine how to split your marital assets and what spousal and child support one of you may be entitled to as part of your divorce settlement. Documents are exchanged during the discovery stage of your case. While it should be a straightforward matter, some spouses fail to present all of the necessary records, intentionally or accidentally. If your spouse does this, you need to take steps to get what you’re entitled to. That’s where a deficiency letter comes in.
What Financial Records Must Be Provided?
Typically, couples exchange 3 years of records, including financial account statements, mortgage and loan documents, credit card statements, insurance policies, wills, trusts, deeds, title certificates, tax returns, employment and business records and other relevant documents.
What Is a Deficiency Letter?
A deficiency letter is a formal document drafted by your attorney and sent to your spouse’s attorney detailing what records are missing, requesting that they be promptly provided. A reasonable deadline should be given, keeping in mind that it may take time to get some types of information, such as check copies and other bank records.
The letter should be polite and professional. Adding disrespectful comments should be avoided, as a copy of the letter may be given to the court in the event of a dispute, which could reflect badly on you.
Why Should You Use a Deficiency Letter?
Sending a deficiency letter is the easiest and least expensive way to get your spouse to produce financial records. If your spouse is inadvertently withholding information or is having trouble getting documentation, you should be able to resolve the issue without going to court.
If your spouse remains uncooperative, the letter creates a paper trail showing you requested the documents and made a good faith effort to settle the matter before seeking the court’s assistance. It also helps establish that your spouse is refusing to comply with his or her obligations to produce records.
What Happens If Your Spouse Still Won’t Cooperate?
The next step to get your spouse to provide the requested documents is either a motion to compel or a subpoena. These will be discussed in future posts.
Unfortunately, your spouse can make the divorce process more difficult, but you do have recourse.
If you’re considering divorce, contact us to discuss how we can help you achieve the best result in your matter.
