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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 87575
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My husband left in March. I filed for divorce in June and gave

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My husband left in March. I filed for divorce in June and gave my lawyer all the paperwork that was needed. The respondent refused to fill out the financial paperwork. My lawyer asked for interrogatories going back 24 months. (We were married 4 1/2 yrs) the respondent asked for more time. His lawyer sent me interrogatories asking for everything going back to January of 2005. We were married in Sept. 2005. Can she ask for all this ? Are the lawyers playing games to make more money ? This could have been final in December. Meanwhile I am required to keep my ex on my health insurance according to his lawyer. Is there anyway to force my ex to fill out the paperwork ? When does this stop ?
Submitted: 3 years ago.
Category: Family Law
Expert:  Ely replied 3 years ago.
Hello,



Welcome to JustAnswer and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.




Your Request

Yes, there is. Instruct your attorney to file a Motion for Compel Discovery. That way, they can explain to the Judge their lack of response, and it'll be up to the Court whether or not they need more time, reasonably. If so, then a certain date will be given. If not, they will have to provide it ASAP or be in contempt.



His Request

Legally, he can ask for paperwork that is reasonably related to the matter at hand. However, there is a limit. If you lack the paperwork required, then you can file what you have/reasonably get, and respond to the rest that you are simply unable to get. Then it is up to them to force the issue by their own Motion to Compel. The Judge will decide, if they force the issue, on how far back is enough.

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Customer: replied 3 years ago.

Can I request that my ex pay my legal fees since he is the one causing the delay?

What if he never fills out the paperwork and leaves the country (He's from England and has an "unfinished" divorce over there going back to 2003)

Expert:  Ely replied 3 years ago.
Only if the Judge feels that it is prudent to do so. Both parties normally ask for attorney fees atop of the order, but it is up to the Court to decide if a party has been negligent/indecent/unrelenting enough to where they should be paying said attorney fees. It really varies from Judge to Judge, so I cannot presume to speak for them. BUT DO ASK, and have the Court consider it.

If he never fills out the paperwork and leaves the country, bring a Motion for Contempt and the Court might order a warrant for him. This means that next time he'd enter the US, he'll be held by the U.S. Customs and Border Protection and brought back to the Court. You don't defy a Judge.

I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you unless you press ACCEPT.



If you still need to clarify something or seek more information, just use the INFO button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions before or after an accept, should you wish to continue in the thread, and I encourage you to do so should you need clarification!



While the legal system tries to be inclusive of every possibility, sometimes, people are morally wronged but have limited legal avenues to seek relief. If so, please understand that this is not the expert’s fault, but the way of circumstance.



If you feel that I went an extra step to help, a bonus is always appreciated!



You can always request me for a future advice through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”















Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 87575
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 8 other Family Law Specialists are ready to help you

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