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dutchtreat · Oct 5, 2011, 11:01 AM

After my wife filed for the divorce her lawyer has not declosed any documents (Financial Affidavit or Interrogatories) within the time set in the Court rules. From what I understand it is 45 days but I did not receive either for over 2 1/2 months and now we have mediation in 15 days. When I did receive the documents I see my wife lied and is hiding bank accounts and personal property.

AK lawyer · Oct 5, 2011, 12:07 PM

Originally Posted by dutchtreat

After my wife filed for the divorce her lawyer has not declosed any documents (Financial Affidavit or Interrogatories) within the time set in the Court rules. From what I understand it is 45 days but I did not receive either for over 2 1/2 months and now we have mediation in 15 days. When I did receive the documents I see my wife lied and is hiding bank accounts and personal property.

If she fails to provide discovery when required, your option is to move that she be compelled to produce it. If, after such an order is entered, she still drags her feet, you would ask that she be held in contempt of court.

dutchtreat · Oct 5, 2011, 12:26 PM

As stated in my post I received the documents yesterday but way outside the court rule time line. Therefore I am left with just 15 days to try and get the records showing the hiden assets before I have to go for mediation.

ScottGem · Oct 5, 2011, 12:39 PM

You missed AK's point. If you received documents that are incomplete or inaccurate, then you have to move to compel they be resubmitted and for a postponement of the hearing.

You would be required to show that the documents are false.

Please remember that we are volunteers here. We are donating our time and expertise to help you. Giving someone a negative rating because you didn't fully understand the answer is not going to inspire people to spend time helping you. That's why the rating was removed.

dutchtreat · Oct 5, 2011, 12:51 PM

Ok it clearly stated in my post that I did receive the documents just late, making it harder to defend myself in this matter, as for a negative rating. I did not understand his answer? I believe the misunderstand was at the other end. The answer given had nothing to do with receiving the documents late, clearly it had to do with not receiving them at all.

cdad · Oct 5, 2011, 01:29 PM

Originally Posted by dutchtreat

Ok it clearly stated in my post that i did recieve the documents just late, making it harder to defend myself in this matter, as for a negative rating. I did not understand his answer? I beleive the misunderstand was at the other end. The answer given had nothing to do with recieving the documents late, clearly it had to do with not recieving them at all.

The statement you made was that "she lied" and is "hiding accounts". SO that is after the fact that documentation was produced. But its obvious that there are some things you feel you "should" have received and didn't. That is what the motion to compell is for. To force her through legal challenge to produce that which you believe is missing.

Hope that makes sense now.

As a side note if you don't understand something then ask for more information or an explination rather then give negative ratings.

dutchtreat · Oct 5, 2011, 01:35 PM

Thank you very much. I am also sorry if there was any micunderstanding on my part