Full Answer
Jun 28, 2010 · If my ex-wife's lawyer sent me a 'request to produce' my financial information at a depostion..do I have to comply? ... See all practice areas. Free Q&A and articles. Browse questions from others. See what other people are asking and the advice they're getting.
Aug 11, 2016 · You should press your point. Ask the judge if you can have limited discovery. "Discovery" allows you to request information and documents from your ex. There are many helpful discovery techniques: Requests for Production. You can serve a request asking your ex to turn over certain documents.
Oct 24, 2011 · If your case is in Maricopa County, you can register for ECR (Electronic Court Record) to view/print copies of documents filed with the court in your case (pleadings and orders): https://ecr.clerkofcourt.maricopa.gov/Registration.aspx This would not include documents such as correspondence between the attorneys or documents exchanged as …
Mar 06, 2012 · From: [Your Name, & Address here] To: [Recipient Name & address here] [Date here] Dear [name], Sub – [write Case no.] I would like to request copies of [document name] for my records. Thank you for your assistance regarding this matter.
Your spouse's attorney is not permitted to speak with you directly if you are represented by counsel – nor may your attorney speak with your spouse if he or she is likewise represented – as it may be considered a breach of our ethical and professional rules.Sep 22, 2015
Keep a Close Eye on Bank Statements Typically, a spouse with hidden assets will not give you access to their private bank accounts, but you can still find out a lot from statements for joint accounts. If you and your partner are putting money into a joint account, you may be able to see what they spend money on.Apr 17, 2021
If she isn't paying off the credit card debts, then she is in contempt of court, so you can take her back to court.
In some cases, yes. Cell phone records can be used to prove adultery in a divorce case. However, adultery is grounds for divorce only in states that allow “at-fault” divorces. Sometimes a spouse may accuse their partner of cheating to prove untrustworthiness in child custody or spousal support negotiations.Mar 23, 2022
If you lie during discovery or your deposition in order to hide assets, you've committed perjury (a punishable crime). If your lies are discovered by your spouse, your spouse's attorney, or a judge, you may face severe sanctions (monetary fines) or a perjury charge.
How to find hidden bank accountsHire a reputable divorce attorney who is knowledgeable about finding hidden assets. ... With the help of an attorney, you can subpoena many valuable records, including employment records, bank statements, loan applications and other account records.More items...
As a general rule, the money you earned during marriage is marital, and what you earned afterwards is separate. But your ex-wife can still get her hands on it in some cases.
You are eligible to collect spousal benefits on a living former wife's or husband's earnings record as long as: The marriage lasted at least 10 years. You have not remarried. You are at least 62 years of age.Apr 6, 2022
In general, yes you can sue. Whether you will be successful or the judge will toss your case out of court is a different question altogether. You may also be required to pay for your ex's lawyer for filing a frivolous lawsuit.
(§ 901(b)(11) ). You can authenticate text messages by presenting: a “copy,” a screenshot, photo, or print-out of the message that includes identifying information that links the message to the texter, and. testimony or affidavit that the copy is a true and accurate representation of the text messages.
If you believe your spouse is committing adultery and the proof is in texts and other private messaging, any attempts to retrieve or copy those messages without authorization will likely result in them being impermissible in court.Mar 9, 2021
This is not a common occurrence, so, in short, the answer is, yes, text messages can be subpoenaed, but, no, they are not frequently used as evidence for the reasons above. Text messages can fall into the murky area of 'hearsay evidence,' which is inadmissible in court.
1. Call your ex’s attorney. If you think the affidavit is outdated, you should contact your ex and ask directly for an updated affidavit. If your ex has a lawyer, then call the lawyer. Remind them that your ex has a duty to continuously update the affidavit.
People involved in family law disputes often have to fill out financial affidavits, especially when child support or alimony is being considered. The affidavit lists each person’s sources of income, monthly expenses, and debts. You have a continuing obligation to provide updated information.
In a deposition, you ask your ex questions in person. He or she answers under oath. Unlike interrogatories, a deposition allows for follow-up questions. Subpoenas. Even if you serve a request for production or interrogatories, your ex still might lie. He or she might lie during a deposition as well.
Check for your next court date. Any divorce or child support dispute typically involves many hearings in court. Many hearings are “status” hearing, where once a month you go into court to keep the judge updated about the case. Look to see when your next court hearing is scheduled.
Most states allow you to request modification only if there has been a significant change. For example, in many states, you can only seek modification if there would be a 15% difference between the current child support order and the new order taking into account the correct financial information.
If he fails to comply, you should explore filing a grievance with the state supreme court's attorney regulation office.
She/He must return your entire file within a reasonable time even if you owe money. An attorney can not hold hostage your file.
Whether you live in a mandatory disclosure state or not, you can send your spouse a formal request for information, typically called a “Request for Production of Documents.”. You can also send questions for your spouse to answer under oath, called “Interrogatories.”.
an attorney's fee award— where your spouse pays for the attorney’s fees you incurred in bringing the motion. evidentiary sanctions—where the court prevents your spouse from introducing certain evidence at trial, and. jail time—ordering that your spouse spend a certain amount of time in jail.
Not only can they request this information, you are required by law to provide all of the following documentation within 45 days of service of the petition, even without a request:#N#(1) A financial affidavit.
It appears from this question you do not have a lawyer. That is folly, sir. You are obviously in over your head and are about to be further in the muck. Get yourself a lawyer and do what he/she tells you do. Harassment has nothing to do with it.
File a motion for protective Order. If she waived discovery in the divorce she will lose.
As my colleagues have stated this should have been provided already during the litigation of the case. You cam certainly object if you have a legal basis for doing so. It is somewhat difficult to answer however not knowing the reason the Motion to Set Aside was filed.
Opposing counsel can propound a Request for Production that would require your compliance absent a valid and timely objection. Unless you signed a waiver of Mandatory Disclosure, much of these documents were supposed to be exchanged during the divorce. Unless you committed fraud, this Motion should be denied.
FILE THE DOCUMENTS AND MAIL COPIES 1 .Before you file the documents with the Court, make two copies of each document, one for your records and one to send to your spouse or his/her attorney. 2 File the original documents with the Court. The Court staff will explain how to get a hearing for your Motion. After you get the hearing date, fill in the bottom section of your Motion, the date and time when the hearing will be. 3 Mail a copy of your MOTION, ORDER, and completed FINANCIAL STATEMENT and a blank FINANCIAL STATEMENT form to your spouse or his/her attorney. Before you mail these copies, make sure that the bottom section of the MOTION has the date, time, and place of the hearing and that you sign and date it with the date that you mail the documents.
These Instructions and Forms were produced by Greater Boston Legal Services and Massachusetts Law Reform Institute, with the support and approval of the Chief Justice of the Probate and Family Court.
What is a retainer? A retainer is an amount of money that an attorney may require a client to pay in advance in order for the attorney to begin work on the case. The attorney then uses this money to pay for the services he or she provides and for legal costs and expenses. The attorney may require that the client pay additional money ...
This is a very important document which you will sign swearing that it is true . It is important that it is accurate. Take time to get all the relevant documents and make sure it is filled out accurately. Your Financial Statement may be used many times during the divorce proceedings, so you want to make sure that you fill it out correctly.
Whether you are the plaintiff or the defendant in a divorce case, the Probate and Family Court can order your spouse to pay a retainer fee for an attorney for you in a divorce case. Chapter 208, section 17 of the General Laws says: “The court may require either party to pay into court for the use of the other party during the pendency ...