What Is A Motion To Compel?

Hot Topics in Divorce Blog

By Robin Roshkind, Esquire, West Palm Beach, Florida

A motion to compel is filed with the divorce court and heard by the divorce court judge when a party to a divorce does not do something required to get the divorce finalized.  Usually a motion to compel has a request for attorneys fees or sanctions in it, since the filing of this type of motion was caused by the bad behavior of the other party, for which he/she might have to pay your attorneys fees and costs for having to bring the motion in the first place.

Motions to compel are filed when your spouse does not provide things you are entitled to in the divorce process.  For example:

1) A financial affidavit which is a requirement for a divorce in Palm Beach County, Florida

2) Mandatory disclosure, including tax returns, bank statements, credit card bills, pay stubs, and the like,  including other financial information to…

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