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KimberlyLaw
KimberlyLaw, Lawyer and Real Estate Broker
Category: Family Law
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Experience:  13 years of experience practicing law.
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Im currently handling my divorce case pro se and I am the

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I'm currently handling my divorce case pro se and I am the petitioner and other party is pro se as well. Our case is pending trial as we still haven't agreed on custody and possession and neither party has requested that discovery dates be set, however the respondent sent me a request for discovery and disposition with a deadline. Since no discovery dates were requested, I didn't respond.

Can you please tell me what are my remifications for not responding and also what does it mean since he also is requesting a contempt hearing against me.
Submitted: 1 year ago.
Category: Family Law
Expert:  KimberlyLaw replied 1 year ago.
Hello, I am happy to assist you today.

Well, there really isn't much sense in refusing to respond to discovery demands. You will be compelled to do so and there is no benefit to you to waiting.

The implications of refusing to provide documents and other information is that the court can hold you in contempt and charge you fees, put you in jail, and make the case go very badly for you.

The best thing you can do here is try to cooperate as much as possible. I understand that you are not able to agree on the key terms here of the divorce, but you should really be providing any document or information that is requested. If you don't, it will not go very well for you.

Sorry if this is not the answer you were hoping for, but this is the reality of litigation. The other party is really entitled to anything that is relevant to the case, which will include all sorts of financial documents and others.

Kimberly
Customer: replied 1 year ago.

I understand that, but my question was in regards XXXXX XXXXX I am compelled to respond when the judge did not set discovery dates...and this is related to Dallas County and I see you are from NY...also the documentation he is requesting is in regards XXXXX XXXXX I have already admitted so it is really frivolus to be requesting details...

Expert:  KimberlyLaw replied 1 year ago.
To be completely honest, when both parties are pro se, the judge will usually not go by the book on the procedural rules. This is to the benefit of both parties.

So the judge will most likely not issue sanctions against you initially, but explain to you that you have to respond.

If there is something that is frivolous or repetitive that is being requested, just refer to your admission of that information (in the court record) and you don't have to provide that information again.

You can also go line by line and if they request something else that is not necessary for the case, just state that you will not produce it because it is not relevant to the case. That is fair and allowed.
KimberlyLaw, Lawyer and Real Estate Broker
Category: Family Law
Satisfied Customers: 3750
Experience: 13 years of experience practicing law.
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