Understanding Your Obligations in a Divorce
Do I have to provide my tax returns to my ex in my divorce in Oklahoma? I’m Tulsa divorce attorney James Wirth, and that is the question that we have. There are a lot of different circumstances and stages under which you may be required to provide a tax return. It depends on what stage you’re in, whether you’re required to do so or not.
First off, I want to note that in any kind of civil litigation, there’s an opportunity to do discovery, which allows for formal requests for information. Your ex could send you a request for production, requesting that you provide documents in your possession. This is not just if information is relevant to the case, but also if it could potentially lead to relevant information.
When Are Tax Returns Relevant?
So, is a tax return relevant? If you’re going through a divorce and spousal support or child support is at issue, then it’s going to be relevant what is on your tax return. If there is a discovery request that includes this, you’ve got to provide it. Failing to do so could lead to the other side filing a motion to compel, which, if granted, could require you to pay the other side’s attorney fees.
However, if they haven’t made a formal request through discovery, there’s not an immediate need to provide that information. Some jurisdictions have local rules requiring you to turn over documents at the beginning of a domestic case. For instance, in Tulsa County, you’re supposed to turn over the last three years of tax returns if the divorce involves minor children.
Legal Obligations and Statutory Requirements
There’s also a statute that relates to this, Title 43, Section 118.3. It requires that every year, parties can request certain tax information from the other side. The law stipulates that you must provide the requested information within 10 days via certified mail. Failing to comply could lead to additional legal consequences, including covering the other party’s attorney fees.
So, going back to the original question—do you have to provide your tax returns to your ex? Initially, you don’t unless triggered by specific circumstances such as local rules or formal discovery requests. There are various ways your ex could attempt to obtain this information, even through subpoenas to your employer or the IRS.
Protecting Your Personal Information
Most of the time, it’s not worth fighting to protect tax return information unless it’s entangled with sensitive data, like a new spouse’s financial details. This is particularly relevant if the case involves paternity or modifications in an old case where a new spouse is involved. In these circumstances, consulting with an attorney about the possibility of redacting sensitive information might be advisable.
If you’re facing a family law case involving discovery and personal information, it’s prudent to consult with an attorney. Legal advice tailored to your specific circumstances can be invaluable. To schedule a consultation with an attorney at my office, visit MakeLawEasy.com.
Schedule a Low-Cost Initial Strategy Session
Understanding how to handle sensitive financial documents in a contested or uncontested divorce case is crucial. Schedule a low-cost initial strategy session with a divorce lawyer to explore your options. Call us at 918-879-1681 or visit MakeLawEasy.com to book your consultation today.
