The Truth - the Winning Argument for Your Case

25 Jul. 2012

Discovery: Release of Records

Posted By The Buncher Law Corporation

One of the reasons I press for amicable divorce is that not only is the process far less threatening and upsetting for everybody involved, it’s far less expensive. For a successful divorce, truthful presentation of information is indispensable. When spouses chose to be contentious, that’s when my staff and I have to roll up our sleeves and make forceful demands on behalf of our client through formal discovery.

A release of records is used in both formal and informal discovery. It is similar to a Request for Production of Documents (Request), but a simple release is far less involved.

The release allows a third party (e.g., financial institution, employer, school) to release records to the attorney handling your case. The release is specific: it names a specific person and/or account name, a specific range of dates and/or a specific event, and the signature of the party to whom the records pertain. Obviously, the last part, the signature, is where an amicable situation is very important.

In amicable situations, this type of release can be used when you or your spouse need help with filling in missing records. Some agencies, like the IRS, have standardized the process – all you need to do is complete form 4506T to request copies of tax returns. I hope that yours is an amicable divorce. In such cases, you and your spouse are freely providing each other needed information. If your case is contentious, then the simple release probably will not be very useful and other tools will be needed to force access to records that may be needed in your case.

Categories: Divorce
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