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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32907
Experience:  Began practicing law in 1992
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It's ***** ********, and I loved working with you

Customer Question

Hi!'s ***** ********, and I loved working with you regarding my divorce!
I did get a new lawyer in June 2015, and he has been paying attention to my case until frw weeks ago, when my husband had his lawyer file a motion for me to b drug tested, and we LIED, as usual , and told his lawyer i was a abusing Drugs while we were married, and the Judge APPROVED it, and my lawyer said that be "I" didn't give MY reasons by number on the Motion, that there's nothing he can do now!...My lawyer is NOT paying attention to my case now, and if I ask him questions, he gets angry with me!..and we have an enormous amount of great evidence against him, and I keep as him, "HAS THE MASTER AND THE JUDGE SEEN ALL THE EVIDENCE WE HAVE (tax fraud, performing illegal veterinarian work, copies of his deposits in 2010 through 2015, the evaluation report from me getting ORDERED by the Court, because my husband said I'm not mentally stable to stand trial, and it backfired on him, because I HAVE SEVERE PTSD, directly related to my husband's abuse and control! ...we hve NO children, so HOW COULD THE JUDGE APPROVE this Motion with NO PROOF OR EVIDENCE? ?
Submitted: 10 months ago.
Category: Legal
Expert:  Dwayne B. replied 10 months ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. Please be patient when waiting for a response. I may be looking something up, typing the response, or busy with something else and sometimes it takes a while to respond. The only question I see is the last sentence of your post: "HOW COULD THE JUDGE APPROVE this Motion with NO PROOF OR EVIDENCE?" Is that the only questions you have?
Expert:  Dwayne B. replied 10 months ago.
Also, it mentions that the country for your question is the Philippines? Is the case filed there or in the US?
Customer: replied 10 months ago.
Hi Dwane.....nothing to do with Phillipines! This is Pennsylvania in USA
Expert:  Dwayne B. replied 10 months ago.
All right. Was the question I referenced the only one you had?
Customer: replied 10 months ago.
It won't let me get to your response! ...i click on Click here to view response, but keeps saying can't open
Expert:  Dwayne B. replied 10 months ago.
Ok. I will just repost it. I was asking if the only question you had was: "HOW COULD THE JUDGE APPROVE this Motion with NO PROOF OR EVIDENCE?"
Customer: replied 10 months ago.
Can u please text me your response, because it's not working this way?...and yes, that's my question
Customer: replied 10 months ago.
(###) ###-####
Customer: replied 10 months ago.
HELLO??.....Please text your response (###) ###-####Thanks
Expert:  Dwayne B. replied 10 months ago.
We can't text, but it must be visible now since you replied. First, the judge can approve anything that is "calculated to lead to the discovery of relevant evidence". It doesn't have to be relevant in and of itself, it just has to be calculated to lead to the discovery of something relevant. That is a very, very low standard. Also, you mention there is "no proof or evidence" but in legal terms that's not correct. Your soon to be ex-husband's representation that you did drugs is "some evidence". Also, just because you are drug tested doesn't mean that 1) the evidence will be admitted or 2) that the judge will give it any consideration at all. In addition, your lawyer can choose to object and ask the judge to reconsider the granting of the drug test since it won't show anything relevant. However, drug use could be considered as "fault in the dissolution of the marriage" which can be considered as a reason to award disproportionate shares of the marital estate.
Customer: replied 10 months ago.
Can you please explain what, "calculated to lead to the discovery of relevant evidence" means, please? & what do you mean by, "this is very very low standard"?
Expert:  Dwayne B. replied 10 months ago.
A low standard just means that the judge doesn't require a detailed explanation as to what can be "discovered" and doesn't make them prove a lot when requesting discovery. "Calculated to lead to the discovery of relevant evidence" means that the lawyer has a reason for asking for the information because he believes that the drug test may reveal information that can then be used to locate other information (and so on) until he gets to something that is admissible. I can tell you that the usual use of this information if there aren't children involved is to ask the judge to award extra property to the other spouse if one spouse was using drugs and "wasting" money that could have been saved and then divided at the divorce.
Expert:  Dwayne B. replied 10 months ago.
While you likely want to have your lawyer object to the drug testing, it's not worth spending a lot of money fighting because the judge is probably going to allow it.

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