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In general, if someone’s spouse has hidden important documents like a social security card, green card, birth certificate, or other document from their spouse, there may be a few options. First, you mentioned that you and your husband are separated–do you have a divorce case pending or intend to file a divorce case? If a person files for divorce, it may be possible to request that the other spouse return important documents as part of a divorce order. We have some information on our website about divorce in your state, including residency requirements and the grounds for filing for divorce.
If a person has experienced abuse by the person withholding their records, they may be able to go to court and get a restraining order, also called an order of protection, against the abuser, and ask that the court order the abuser return the documents. In general, a restraining order is a type of order from the court that tells an abuser to stop the abuse or face additional consequences. It can also order that the abuser stay away from the protected party and/or refrain from contacting them. Here is some more information on what qualifies as domestic violence for the purpose of getting an order of protection in your state, how an order of protection can help protect a person who is experiencing abuse, who is eligible to apply for an order of protection, and lastly, these are the steps a person would go through to apply for an order of protection.
Another option may be to get new copies of your documents. Sometimes, people may need to show proof of identity, like a state ID or driver’s license, to get new copies of documents, which of course may be difficult if an abuser has taken all of their documents. While we do not have information on requesting new documents on our website, I did some research and found the following websites and information:
- requesting replacement “vital records,” generally;
- requesting a new social security card;
- requesting a new green card; and
- requesting a copy of a tax return.
WomensLaw is not affiliated with these websites and has not verified the information on them. While requesting replacements of important records will allow a person to make sure they have the records they need, it may also be important to look into options for ensuring that the abuser has gotten rid of the documents in their possession. Sometimes abusers may use a victim’s information to take out credit cards, apply for loans, or otherwise commit identity theft. Making sure any documents in an abuser’s possession are removed or destroyed once a person has new copies of their records can be a good idea to prevent this. A person may be able to request that the court order an abuser return any copies to the victim or destroy any copies in their possession.
Because I cannot provide advice, to get advice on your specific situation, you may want to consider speaking to a lawyer to discuss what options may be available to you and what option may be best. We have information about lawyers in your state on our website.
