Filing for extensions in court to avoid contempt charges

Question:divorce lawyer Ashley Hughes

My wife’s attorney has recently filed a contempt of court motion against me because I have not submitted my financial records yet.

What can I file with the court to get more time until I can finish gathering all of my financial documents?

Answer:

The financials are required to be provided based on the dissolution matter. At your Initial Status Conference, the judge should have given you a date to finish and complete you financials. If you are beyond that date, I would recommend filing a motion for an extension of time for the financials stating the reasons for the delay.

With regards to the contempt, that is a completely separate action. The contempt action is criminal in nature.

For the contempt, the other side has the burden of proving that you “willfully and wantonly” disobeyed the court order requiring you to produce financials. If you are diligently working on your financials and have been for the time allotted then that standard should be too hard to meet.

Also, keep in mind that with a contempt action you have all the protections available in a criminal action, including the right to remain silent. You will have a contempt advisement in which the judge will inform you of these rights.

Consult with an attorney in your jurisdiction for specific legal advice on divorce as I have only provided you general information. Cordell & Cordell has men’s divorce lawyers located nationwide.

To schedule an appointment with a Cordell & Cordell attorney, including Ashley A. Hughes, a Staff Attorney in the Colorado Springs, Colorado office, please contact Cordell & Cordell.

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