In divorce and child custody litigation, discovery is one of the most important stages in the case. It's the formal process where each party requests and exchanges information—through interrogatories (written questions), requests for documents, and sometimes depositions. This information is used to build legal arguments and reach fair outcomes regarding assets, support, custody, and parenting time. 

But what happens when one side refuses to cooperate?

Why Compelling Discovery Becomes Necessary

Unfortunately, it's not uncommon for one party to withhold documents, delay responses, or outright ignore discovery requests. This tactic can be strategic—used to hide financials, conceal information about parenting practices, or simply stall the case.

When a party refuses to comply with discovery obligations, the other side can file a motion to compel. This is a formal request asking the court to intervene and order the uncooperative party to provide the requested responses.

Common Reasons to File a Motion to Compel:

• A party ignores interrogatories or document requests

• Responses are vague, incomplete, or evasive

• Critical financial records (bank statements, tax returns) are missing

• Parenting-related evidence (school records, communications, etc.) is being withheld

• The non-compliant party has been given reasonable time and reminders

Pros of Filing a Motion to Compel

Access to Critical Information
This ensures all relevant facts are on the table—especially important for decisions about custody, child support, and division of marital assets.

Court Intervention
Judicial oversight can pressure the opposing party to comply quickly, especially under threat of sanctions.

Strengthens Your Case
Demonstrating transparency and cooperation can favor your position, while the other party's refusal may reflect poorly in the judge's eyes.

Potential for Attorney's Fees
If the court finds the other side's refusal unjustified, it may order them to pay your legal fees associated with the motion.

Cons to Consider

Cost and Time
Filing motions takes time and increases legal fees. This may not be ideal for clients looking for quicker resolutions.

Escalation of Conflict
A motion to compel can heighten tensions—especially in high-conflict custody disputes. Strategic communication should always come first.

Court Discretion
The judge may deny the motion if it's not properly supported or if the other party provides a convincing excuse for delay.

When to Talk to Your Attorney

If your spouse or co-parent is stonewalling during discovery, don't let the case stall. Your attorney can assess the situation and decide whether informal follow-ups, a letter, or a formal motion to compel is the right move.

The sooner you get the information you need, the sooner you can move forward—whether it's with fair custody, financial security, or finalizing your divorce.

Need help with a non-compliant ex during discovery?
Our experienced family law team can fight for the transparency you deserve. Call us today at (478) 845-1213 or (404) 999-9529 or schedule a consultation online.