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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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I have been trying to get divorced for 18 months now. My husbands

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I have been trying to get divorced for 18 months now. My husbands lawyer has requested and received two continuances. On Monday, we will be 30 days from our trial date and right for discovery will close. Now my husbands attorney is threatening to depose me again saying he hasn't received all the requested documents. I was recently terminated from my job (the reason the second continuance was approved). We have supplied everything and my attorney has documented all dates and method that the information was supplied. This just seems like another stall tactic and way to add more billable time. I have complied with all requests. How do I fight this latest? As an example, he says he has only received my partial personnel file. I requested my file and sent the complete file in. I can't change or help what my former company puts in the file. It is what it is. Everything else from separation agreement to payroll checks to cobra etc have all been supplied. I have already incurred thousand and thousand of dollars in legal fees and can't seem to get to my day in court. A deposition will cost another couple of thousand dollars and both me and my husband will have to travel 5+ hours to get there. I am not working and this is really causing a financial strain. Please help me!

Thank you for your question. Please permit me to assist you with your concerns.

Has your attorney perhaps suggested sending a signed/sworn & notarized affidavit stating that all the files you provided are in best of your knowledge complete, that at least based as far as you have attempted to comply in good faith, all information that you had is now formally provided to the other party? I say that because such a sworn statement will not cost nearly as much as a deposition and can still be used to potentially impeach you if you aren't telling the truth (the whole point for a deposition is to obtain potentially inconsistent testimony and prove or show that one party may not be being fully truthful, and the document provided would help with such claims). I am not stating or alleging that you are being untruthful at all, this is the way your attorney could 'sell' the idea of an affidavit to an opposing party and keep you from going through another wasted period of time. Furthermore then you could have legitimate basis to go to the judge and claim that additional sessions are no longer necessary, useful, or conducive based on your own documentation and your own sworn statements provided to the opposing party.

Good luck.

Dimitry K., Esq. and 3 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.
Does that mean mt attorney can argue against allowing the deposition?


Thank you for your follow-up.

That is correct, your attorney can argue against it, if he can offer the sworn affidavit in its' place in which all potential concerns are formally addressed and sworn to as being truthful and accurate. Then it would be up to he judge to either agree with your attorney or with the opposing counsel.

Good luck.