My wife (in Massachusetts) is giving away assets to charities, although several months into divorce proceedings. Can the Complaints for Contempt be sent to her attorney, or does she have to be served directly? What about a motion to compel production of bank records, as she hasn't complied with rule 410?
Answer
It depends. If the attorney is willing to accept service then you may send it to him. However if he refuses or does not return it to you in a timely manner then service would have to be upon your wife. You may bring a motion to compel Rule 410 documents if she has not complied. If you do, make sure that you have complied completely with Rule 410 prior to filing the Motion as a Court will likely not allow your motion if you come before it with 'unclean heands'. It sounds as if your divorce action is becoming complex; I suggest that you speak with a local family law attorney. Please feel free to contact me with any questions or concerns: 781-647-8100 or [email protected]/* */
Answer
I would strongly suggest that you retain counsel of your own. Your spouse appears to be acting in direct contravention of the court's automatic restraining order. So long as you have complied with all of your disclosure requirements, you should immediately demand her financial statement and disclosures. You should also bring a complaint for contempt for giving away marital assets.
It sounds like you are in over your head. You will have your best possible chance at a fair outcome if you are represented by counsel. Feel free to contact our office if you would like to schedule a consultation.
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