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LADY LAWYER
LADY LAWYER, Family Law Attorney
Category: Family Law
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Experience:  Family Law Attorney
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This is my 1st time, so I pray this works. I am mother of

Customer Question

This is my 1st time, so I pray this works.
I am mother of 5 representing myself in my divorce case here in North Carolina. My husband cheated on me with a younger woman. He abandoned us along with the family dog. He stopped paying the mortgage before he moved out. After leaving us, he would only pay for the Utilities. We ended up on foodstamps due to his neglect.
Due to my health issues, I am NOT able to work. Therefore for the past 3 years, he was the primary breadwinner.
Eventually, he started paying child support months after he left us. However, that was NOT enough of money for me to afford the mortgage.
Needless to say, the kids and I became homeless. Moving and sleeping in cheap hotels, our van, shelters and a few couches. We are somewhat settled now.
However, I can NOT afford a lawyer. Legal Aid will only help with physical abused cases.
Other area non profit agencies and the local Law Schools were NOT able to assist me neither.
Since, he is making this process difficult, I have prayed, searched, called, and begged for a Pro Bono Lawyer to represent me.
Hence, I am in desperate need of all the FREE or low cost advice, recommendations and help available; along with any referrals for free Legal Assistance in the Raleigh Durham NC area.
Question: Where can I get FREE copies or examples of Marital Interrogatories asking questions regarding Adultery, Abandonment, Equitable Distribution, Alienation of Affection and Dissipation of Marital Income???
Thank You
Submitted: 1 year ago.
Category: Family Law
Expert:  LADY LAWYER replied 1 year ago.

LADY LAWYER : Hi there,
LADY LAWYER : I would like to help you.
LADY LAWYER : I am going to have to switch out of live chat though so I can format my answers correctly. Just refresh your page in a couple minutes, if you would. Thanks!
Customer: Not sure what to do next???
Expert:  LADY LAWYER replied 1 year ago.
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Expert:  LADY LAWYER replied 1 year ago.
Hi Pat,

Here is some preliminary info and samples for standard Interrogatories, Requests to Produce and Requests for Admissions. I will add some more based on the specific things you are asking about but it may take me a little while.

IV. CHECKLISTS FOR DISCOVERY

CHECKLIST FOR DOCUMENTED INCOME

[ ]Gross income from employment

[ ]Tips

[ ]Commissions

[ ]Bonuses

[ ]Profit-sharing

[ ]Deferred compensation

[ ]Severance pay

[ ]Cost of living allowances

[ ]Overtime

[ ]Second jobs

[ ]Part-time jobs

[ ]Contract income

[ ]Investments

[ ]Interest and dividends

[ ]Pensions

[ ]Trust and estate income

[ ]Royalties

[ ]Annuities

[ ]Structured settlements

[ ]Capital gains

[ ]Social Security benefits

[ ]Veterans' benefits

[ ]Military personnel fringe benefits

[ ]National Guard and reserves drill pay

[ ]Workers' compensation

[ ]Unemployment insurance

[ ]Strike pay

[ ]Disability insurance

[ ]Retirement/pensions

[ ]Gifts

[ ]Prizes, lottery winnings

[ ]Educational grants

[ ]Income of new spouse or live-in companion

[ ]Alimony received

[ ]Support from cohabitant

[ ]Business income from sources such as self-employment, partnership, close corporations, and independent contracts

[ ]Type of business expenses claimed to arrive at net business income

[ ]Rental income

[ ]Public Assistance

CHECKLIST FOR HIDDEN INCOME

[ ]Employment perquisites, including use of car, yacht, housing, reimbursed expenses such as moving and relocation costs, business and professional memberships, medical services, subsidized travel, paid vacations, first-class air travel, recreational facilities, barber/beauty shop services, home entertainment allowance, and tickets for theater and sports

[ ]Forgiveness of debt

[ ]Use of property at less than customary charge

[ ]Profit and loss statements of closely held business

[ ]Excessive deductions

[ ]Excessive prepayment of debts

[ ]Unusual expenditures

CHECKLIST FOR DEDUCTIONS

[ ]Federal, state, and local income taxes

[ ]FICA or self-employment tax (annualized)

[ ]Mandatory union dues

[ ]Mandatory retirement

[ ]Health insurance payments

[ ]Court-ordered support payments for children actually paid

[ ]Alimony actually paid

CHECKLIST FOR IMPUTED INCOME

[ ]Lifestyle of parent vs. stated income

[ ]Work history

[ ]Mental and physical condition

[ ]Educational background

[ ]Efforts to find and retain employment

[ ]Current job market

[ ]Voluntary vs. involuntary act resulting in diminution of earnings

V. SAMPLE DISCOVERY TOOLS: INTERROGATORIES, REQUEST FOR PRODUCTION OF DOCUMENTS, AND REQUEST FOR ADMISSIONS

A. SAMPLE INTERROGATORIES

1. State your full name and any other name by which you have been known.

2. State your present residence and employment or business addresses and telephone numbers.

3. State your Social Security number.

4. State your birth date.

5. List all business, commercial, and professional licenses which you now hold or which you have held in the last three years.

6. List all of your education after high school, including but not limited to vocational school, specialized training, college, and graduate school.

7. For each place of your employment or self-employment during the last three years, state the following information:

a. Name, address, and telephone number of your employer.

b. Dates of employment.

c. Job title and description of job duties.

d. Starting and ending salaries.

e. Name of direct supervisor.

f. All benefits received, including health, life, and disability insurance, expense account, use of automobile or automobile expense reimbursement, reimbursement for travel, food, or lodging, payment of dues in any clubs or associations, pensions, and profit-sharing plans.

g. Whether you are required to put in overtime.

8. If you have been unemployed at any time during the last three years, list the dates of unemployment, reason for unemployment, and all efforts made to secure alternate employment.

9. State whether you have any disability which at any time renders you unable to perform work or in any way limits your ability to work or otherwise earn a living.

10. If you have been engaged in or associated with any business, commercial, or professional activity within the last three years not detailed above, state the following information for each activity:

a. Name, address, and telephone number of each activity.

b. Dates you were connected with such activity.

c. Position title and brief description of activities.

d. Starting and ending salaries.

e. Name of your direct supervisor.

f. All benefits received, including health, life, and disability insurance, expense account, use of automobile or automobile expense reimbursement, reimbursement for travel, food, or lodging, payment of dues in any clubs or associations, pensions, and profit-sharing plans.

11. For each of the last three years, list all sources of income, along with the amount of income received from each source, including but not limited to: XXXXX XXXXX from employment; tips; commissions; bonuses; profit-sharing; deferred compensation; severance pay; cost of living allowances; overtime; second jobs; part-time jobs; contract income; investments; interest and dividends; pensions; trust and estate income; royalties; annuities; structured settlements; capital gains; Social Security benefits; veterans' benefits; military personnel fringe benefits; National Guard and reserves drill pay; workers' compensation; unemployment insurance; strike pay; disability insurance; retirement/pensions; gifts; prizes or lottery winnings; educational grants; income of new spouse or live-in companion; alimony received; business income from sources such as self-employment, partnership, close corporations, and independent contracts; rental income; employment perquisites, including use of car, housing, and reimbursed expenses; forgiveness of debt; and use of property at less than the customary charge.

12. For each of your present employment, self-employment, business, commercial, or professional activities, state the following:

a. How often and on what days you are paid.

b. An itemization of your gross salary, wages, and income, and all deductions from that gross salary, wages, and income.

c. Any additional compensation or expense reimbursement, including but not limited to overtime, bonuses, profit-sharing, insurance, expense account, and automobile or automobile allowance.

13. If you are the owner, participant, or alternate payee in any pension, profit-sharing, deferred compensation, or retirement plan, state the following:

a. The name of the plan, along with the name and address of the plan administrator or trustee.

b. A description of the plan.

c. The account balance of any money held for your benefit.

d. The location and last valuation date of said asset.

14. List all accounts, including checking, money market, brokerage, or any other investments that you have had any legal or equitable interest in within the last three years.

15. State the location of all safes, vaults, or other similar depositories in which you maintained property at any time during the last three years. 16. List all other assets that you own, have an interest in, or have the use or benefit of, not listed above, including but not limited to all real and personal property.

17. For the last three calendar years, list any inheritances you have received. Further list any inheritances you expect to receive in the next three years.

18. List any debts you owe to any person, corporation, or partnership that exceed $1,000.

19. List any right, interest, prospect, or pecuniary advantage you have under any contract or interest in any suit in the courts of this state or any other state or federal court.

20. List any direct or indirect interest in any property or thing of value whatsoever, including but not limited to royalties, copyrights, trademarks, expectations, or awards.

21. List any gifts or funds, monies, property, or property rights in excess of $100 you have made to any person other than your children in the last three years.

22. Describe your current state of health and provide the name, address, and telephone number of each physician, medical clinic, or nurse practitioner you have consulted during the last year. State the date of each consultation, its purpose, the diagnosis, and any treatment prescribed.

23. Describe the children's current and projected educational needs. Specify whether the children have any particular educational and/or vocational needs that cannot be satisfied by public school education.

24. Describe the children's current and projected extracurricular activities.

25. Describe the children's current and projected health needs, specifying whether any child has extraordinary or unusual physical, psychological, or other needs related to health and well-being.

26. List any interest any of your children may have in any monies, assets, stocks, bonds, savings accounts, checking accounts, certificates of deposit, brokerage accounts, real estate, deeds, mortgages, corporations, partnerships, business entities, joint ventures, patents or copyrights, and/or any income therefrom.

27. State the names and addresses of all persons who have, or may have, knowledge of the relevant facts related to this case. 28. Complete the Child Support Guideline Worksheet and state what you believe to be the appropriate amount of child support.

29. List any individual you expect to call as a witness at trial and for each one state the subject matter on which he or she is expected to testify, the substance of the facts and opinions relating to the testimony, and a summary of the grounds for each opinion.

30. If any proposed expert witness has rendered a written report with respect to any matter relevant to this case, state the substance of this report and the date on which it was made.

31. List all tangible evidence you intend to offer into evidence at trial, and describe and identify the subject matter contained therein. 32. Set forth in detail the factual contentions supporting each defense you have asserted in this action.

33. If you presently live with another adult person, detail the extent to which such person contributes to your living expenses.

34. Detail the extent to which you contribute to the support of any other adult person.

35. Detail the extent to which you contribute to the support of any other child not at issue in the present action.

B. SAMPLE REQUEST FOR PRODUCTION OF DOCUMENTS

1. Copies of your federal and state income tax returns and any communications regarding your tax returns from the Internal Revenue Service or state tax department for the three most recent tax years, including all supporting schedules, along with Forms W-2 and W-4 for corresponding years.

2. Copies of the federal income tax returns of any corporation or partnership in which you have a financial interest exceeding 10% for the three most recent tax years.

3. Copies of any gift and sales tax returns filed by you or any corporation or partnership in which you have a financial interest exceeding 10% for the three most recent tax years.

4. Copies of any patents and copyrights held by you or held by any corporation or partnership in which you have a financial interest exceeding 10%.

5. Copies of the balance sheets and profit and loss statements of any corporation in which you have more than a 10% financial interest for the three most recent fiscal years.

6. For closely held businesses and professional practices in which you have an interest, corporate tax returns, corporate credit card statements, travel and entertainment records and receipts, records of reimbursements of medical expenses, and records of the existence of trade cards or bartering of services.

7. Copies of all savings bank books and certificates of deposit and statements concerning savings accounts held in your name, singly or jointly, for the three most recent calendar years and the present calendar year to date.

8. Copies of all canceled checks and statements concerning checking accounts held in your name, singly or jointly, for the three most recent calendar years and the present calendar year to date.

9. Prepare and produce a copy of a sworn financial affidavit in accordance with the court rules or statutes of this state.

10. Copies of all books, records, accounts, monthly statements, statements of transactions, and other papers or memoranda of stock brokers for accounts held in your name, singly or jointly, for the three most recent calendar years and the present calendar year to date.

11. Copies of all contracts for the rental and/or lease of safe deposit boxes or vaults for the three most recent calendar years and the present calendar year to date.

12. Copies of all deeds or conveyances of real property in your name individually or in conjunction with any other person in which you have a legal, beneficial, or equitable interest for the three most recent calendar years and the present calendar year to date.

13. Copies of all records, documents, papers, and memoranda pertaining to monies received and being received by you from all sources, including but not limited to: XXXXX XXXXX from employment; tips; commissions; bonuses; profit-sharing; deferred compensation; severance pay; cost of living allowances; overtime; second jobs; part-time jobs; contract income; investments; interest and dividends; pensions; trust and estate income; royalties; annuities; structured settlements; capital gains; Social Security benefits; veterans' benefits; military personnel fringe benefits; National Guard and reserves drill pay; workers' compensation; unemployment insurance; strike pay; disability insurance; retirement/pensions; gifts; prizes, lottery winnings; educational grants; income of new spouse or live-in companion; alimony received; business income from sources such as self-employment, partnership, close corporations, and independent contracts; type of business expenses claimed to arrive at net business income; rental income; employment perquisites, including use of car, housing, and reimbursed expenses; forgiveness of debt; and use of property at less than the customary charge for the three most recent calendar years and the present calendar year to date.

14. Copies of all records of membership or contributions to any charity, or any other organization or association, including private and professional clubs or associations, and the amount of dues or contributions to such organizations for the three most recent calendar years and the present calendar year to date.

15. Copies of all loan applications or financial statements filed with or provided to any person, corporation, business, financial institution, or government agency for the three most recent calendar years and the present calendar year to date.v 16. Copies of any written employment contracts into which you have entered for the three most recent calendar years and the present calendar year to date.

17. Copies of all trust instruments of which you are settlor, trustee, or beneficiary.

18. Copies of all your credit card or charge account statements for the three most recent calendar years and the present calendar year to date.

19. Copies of any reports, memoranda, or other documents prepared by experts who may testify at trial.

20. Records of educational expenses for the children of the parties, including tuition, room, board, books, contracts, and loans.

21. Travel records, including itineraries, tickets, bills, and receipts for the last three years.

22. Any agreements entered into between you and __________ [opposing party].

C. SAMPLE REQUEST FOR ADMISSIONS

1. [Number of children] child[ren] were born to [father] and [mother].

2. The child[ren] born to the parties are named [state child[ren]'s name[s]] and were born [state child[ren]'s birthdate[s]], respectively.

3. The child[ren] currently reside with [mother or father] at [address].

4. __________ earns __________ per year.

5. __________ has worked for [employer] for [how long].

6. ________ has __________ in [his/her] retirement account.

7. __________ is able to contribute to the support of the minor child[ren], [children's names].

8. A reasonable amount of support for the parties' minor child[ren] is $__________ per month.

9. ________'s employer provides health insurance for the parties' minor child[ren] and will continue to do so.

10. All costs of the [noncustodial parent's] visitation with the minor child[ren] will be borne by __________.
Customer: replied 1 year ago.
What exact questions can I include regarding his adultery, his mistresses, his trips with them, how much money he has spent on his current mistress?
Once he stated in court that he has loaned his mistress money to pay her bills and she has loaned him money, too. However, I know it was NOT a loan.
Expert:  LADY LAWYER replied 1 year ago.
Here are some more on the adultery and abandonment:

1. If you have had sexual relations with a person other than your spouse during your marriage, identify the person(s) with whom you have had sexual relations, state the date of each act of sexual relations, and state the location where each act took place. If you refuse to answer this interrogatory as framed because the answer would tend to incriminate you, so state and answer for the period ending one year prior to the date of your answers.
2. If you have had sexual relations with a person other than your spouse during the marriage and you contend that your spouse has forgiven or condoned your actions, state the facts upon which your contention is based.
3. If you, since the date of your marriage, committed adultery and/or had sexual relations/contact with any person other than your spouse, please give the name, address and telephone number of each and every individual with whom you committed adultery and/or each and every individual with whom you had sexual relations/contact; the dates and places of each act; and the name, address and telephone number of each and every individual with knowledge of each act.
4. Please state whether or not you deserted your (Spouse) and (dependents) on (Month day, year), and if the answer to this question is no, please explain, in detail, the reasons why you left the marital home.
5. Please give the name, address and telephone number of each and every individual who can corroborate the facts enumerated in answer to Interrogatory No. 4 above.
7. If you contend that your spouse is not entitled to a divorce on the grounds alleged in [his/her] pleadings, then state all facts which support your contention, and identify those persons who have personal knowledge of these facts.
8. If you contend that your spouse was totally or partially responsible for the estrangement of you and your spouse, state the facts upon which you base your contention and identify those persons who have personal knowledge of these facts.

Alienation of Affection is actually a legal terms that means you can hold the third party (person your husband left you for) legally responsible for stealing the affections of your husband. You will not include any discovery about this in your divorce. You would only use this type of discovery if you were suing the third party.

Equitible Distribution refers to the way NC divides up property between the spouses. The first set of interrogatories I gave you should cover this. It should also cover the dissipation of marital income.

Also, just so you know, you can serve no more than 50 interrogatories in a set at one time. So no more than 50 questions in each set. Here is the Rule for that: http://statutes.laws.com/north-carolina/Chapter_1A/GS_1A-1__Rule_33

***i just tried to post this answer and when I refreshed the page I saw your response about the adultery and the money he spent. I will put together a few more questions based on what you just said.

LADY LAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 6531
Experience: Family Law Attorney
LADY LAWYER and 4 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

Oh, thank you. The kids are finally asleep. Now I hope to work on this.

Expert:  LADY LAWYER replied 1 year ago.
Under the Interrogatories:

1. If you have spent money on or for any party with whom you have committed adultery, please state the dates and amounts of money that was spent.
2. If you have bestowed any items of value on any party with whom you have committed adultery, please state what the items are and the amount that item was worth.

Under the Requests to Produce:

1. Please provide all receipts for monetary withdrawals you made from any of your accounts when the money withdrawn was used on or for any party with whom you have committed adultery.
2. Please provide all receipts for any items you purchased for any party with whom you have committed adultery.

Under the Requests for Admissions:

1. That you abandoned your spouse and your dependents.
2. That you committed adultery with one or more third parties.
3. That you dissipated marital assets through extravagant spending and gifts to a third party, thereby depleting these assets.

Okay, Pat. I think that should do it for now. If you have any more questions, please let me know. If not, would you kindly leave me a positive rating at this time? It costs you nothing further to do but is the only way the site will compensate me for my time. Thanks Pat, God Bless!
Customer: replied 1 year ago.


You have been an ANGEL sent by GOD. I pray you continue to use your GIFT well to serve others.


 


Thank you.

Expert:  LADY LAWYER replied 1 year ago.
Pat,

I'm just a servant. But God did send me to help you tonight. Please come back to this question any time if you need more help as you move forward with this. There will be no further charge.

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