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Home > Law > Family Law   »   Motion to compel

 
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Old Mar 3, 2008, 08:42 PM
apa1111
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Motion to compel

Here is my story. My ex and I are separated and going through a divorce. Her attorney has sent us interrrogatories and response which we finished filing in a timely manner. She has extended her interrogatories + response date for additional 30 days, but never turned it in after the deadline. I have a court date coming up for a motion to compel and for her to pay for attorney fees. She has also missed her mediation orientation date and rescheduled it to another day once she missed it.
I want to know how this affects custody, equitable distribution, how much she has to pay for attorneys fees, and how the judge looks at the situation on cases like this.

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Old Mar 3, 2008, 08:57 PM   #2  
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First please only ask your question once, posting it several times will not get you more answers, but often stop a progression of the threat as others respond to your question and other issues brought up by others.

Divorce is not like many other areas of law, often it is alot up to the judges opinoins. If it upsets the judge they will rule more in your favor, so one never knows unltil the judge actually decides
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Old Mar 4, 2008, 06:01 AM   #3  
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Quote:
Originally Posted by Fr_Chuck
First please only ask your question once, posting it several times will not get you more answers, but often stop a progression of the threat as others respond to your question and other issues brought up by others.

Divorce is not like many other areas of law, often it is alot up to the judges opinoins. If it upsets the judge they will rule more in your favor, so one never knows unltil the judge actually decides

And she didn't even like the answers the last time around! I haven't changed my mind or my thinking in the interim.
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Old Mar 4, 2008, 07:40 AM   #4  
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I don't know about where else you posted a similar question, so I am just answering the question that I see above.

Divorce law is not a matter of black and white. It all depends on the judge. It is important to follow through with everything that is asked of you, no matter what the inconvenience. Let your ex hang her own noose and let her make the mistakes that she is making. You have no control of the outcome, unless you are not being cooperative. Quite frankly, a lot of the judges are numb to all of the specifics and will not take pity on anything, unless something happens in your case that really ticks them off. Your lawyer is best one to understand the specifics of your case and if they are truely working for you, you need to trust that they will do whatever is necessary for you.

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JudyKayTee agrees: I really like this answer - clear, concise.
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Old Mar 4, 2008, 02:06 PM   #5  
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Quote:
Originally Posted by apa1111
Here is my story. My ex and I are separated and going through a divorce. Her attorney has sent us interrrogatories and response which we finished filing in a timely manner. She has extended her interrogatories + response date for additional 30 days, but never turned it in after the deadline. I have a court date coming up for a motion to compel and for her to pay for attorney fees. She has also missed her mediation orientation date and rescheduled it to another day once she missed it.
I want to know how this affects custody, equitable distribution, how much she has to pay for attorneys fees, and how the judge looks at the situation on cases like this.
A motion to compell has nothing to do with custody. What is it your trying to get her to do ? To answer your questions or attend mediation ? As far as equitable distribution the judge has to follow the law on that one. As far as how much does she have to pay for attorneys fees .. Thats up to your court system but usually its a reasonable fee for the action involved not your whole case. And just because you win a judgement like that doesnt release you from paying your lawyer. If he were to collect from her then you might be due a refund but your still liable for the amount. If she is hiding or otherwise concealing assets or imprtant information about your case then your going to have to prove it solo and facts only are going to be allowed. If she doesnt follow the motion to compel then she may be held in contempt.
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