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Jan58

Motion To

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I'm trying to find out if my husband has hidden assets. (Asbestos Claim) It was filed several years ago. The impression that I got from the judge is that I need to file a Motion To.

The only Motion To  is either a basic one which I've done in the past and I was denied. So, why would I use a Motion To again?

 

I'm sure that you'll ask me some more questions. I await your response. 

Thank you in advance.

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Motion to sounds like a form. which begs the question, motion to what? If you never put it what the motion was for, that is most likely the reason it was denied. What do you want the court to order your husband to do?

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Hi @Jan58

 

A motion is a formal request that the court make a certain order. There are many different sorts of motions that you can file in a family law case (for example, a motion for attorneys fees, a motion to modify child support, etc.).

 

However, you cannot file the exact same motion twice, so if a previous motion you filed was denied, keep in mind you likely will not be able to file that exact motion again.

 

What is the purpose of your motion? Are you trying to obtain information about your husband's assets? If you have previously issued formal discovery and your husband's responses were inadequate, you will likely need to file a motion to compel further responses. You'll want to take a close look at the code of civil procedure, however, because there are strict deadlines for motions like these.

 

Best of luck,

The FindLaw.com Team

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I've already done a Motion to Compel under C.R.C.P. 16.2. That may not have been done correctly therefore it was denied. Date when court authorized the filing of this motion.
Now there is an Order Re: Motion to Compel under C.R.C.P. 16.2.

The woman at the self help center said that I may need to create my own form. Lol

Edited by Jan58
Corrected

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1 hour ago, Jan58 said:

The impression that I got from the judge is that I need to file a Motion To.

 

A motion to what?  There's no such thing as a "motion to" (without any object of the preposition "to").

 

The way that assets in the possession of your spouse are discovered in a divorce proceeding is by voluntary disclosure (i.e., the procedures outlined in CRCP 16.2(e)) or through the discovery process (see CRCP 16.2(f) and 26-37).  If you think your spouse may have assets that he did not voluntarily disclose, then you need to serve appropriate discovery and/or take his deposition (or the depositions of other persons who you think may have relevant information).  If you've done that and you still think he's hiding assets, then you may need to hire a private investigator.

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Hi @Jan58

 

Would what work if you disclosed previous bank statements? You do not have an obligation to hand over bank statements unless it is pursuant to formal discovery, mandatory financial disclosures, or ordered by the court.

 

Are you asking if your husband will provide his bank statements if you provide yours? If so, the answer is not necessarily.

 

The FindLaw.com Team

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31 minutes ago, Jan58 said:

Would it also work if I were to also disclose my previous bank statements?

 

What is "it"?  What does "would it . . . work" mean?  For what purpose would you disclose these statements?  Why would your previous bank statements have any relevance to your husband possibly hiding assets?

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That link didn't work. This one does:

 

http://coloradoaffordablelegal.com/uploads/Motion__To_____________.pdf

 

Having the form is one thing, knowing what to put in it is another and you apparently don't know what to put in it.

 

I suggest you hire yourself a lawyer before you mess things up for yourself any further.

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I've actually requested information from a lawyer and offered to pay him for his time. He could not do it. If you know of a lawyer that would be willing to spend an hour or two (with pay) with me, please let me know. I live in Pueblo, CO.

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When an attorney prepares a document for filing in a case he or she is essentially agreeing to represent the client in the case.  Attorneys are not scribes who simply write documents for their clients. So it is not at all surprising that an attorney will not simply prepare a motion for you.  I have seen instances where a judge will direct the client to call the lawyer and tell him or her that she is now the attorney of record and to get into the court now!

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