Seeking Documents And Information For Forensic Analysis In Divorce Litigation

It's common that engaging counsel needs to file a Motion to Compel Production of Documents, sometimes many months after our initial document request. In deciding the issue, courts generally require a reason or purpose the specific documents are required. Ed.

In the course of performing a forensic analysis in order to issue an expert report, a business valuator or investigative accountant (expert) might be denied access to important, if not critical, documents and information by the opposing party's counsel. Using matrimonial litigation as an example,¹ this article proposes to identify types of documents and information that are often requested by the wife's expert for purposes of determining (a) the value of the defendant's assets for purposes of property division, and (b) the defendant's income-earning capacity (real income) for alimony and/or child support.