2sure Posted July 26, 2012 Share Posted July 26, 2012 Such as? I'm genuinely curious. Sorry I missed this question to my response regarding child custody issues when the divorcing parents do not get along at all. If the situation between the 2 parents seems so hostile that sharing custody and the communication logistics that go along with it...the courts may consider that it is in the best interest of the children to either put extra restictions/conditions on visitation or award one parent sole custody so as to avoid the hostile conditions. Link to post Share on other sites
Madman81 Posted July 26, 2012 Share Posted July 26, 2012 I am 6 months into separation after the courst ruled on temporary orders. Now my wife sent my lawyer a butt-load of documents they want me to give them. Everything from bank/financial statements, to phone records, whether I had sexual contact with any other women, and even if a non-relative stayed at my house!? Is this normal!? I don't know what the hell she is trying to find out but she's picking at straws. Anyone else gone through this? The discovery process is normal in litigation, both matrimonial and otherwise. Parties have an obligation to disclose all relevant documents, generally. Where I come from, the obligation is basically to provide all documents that may be necessary to prove or disprove a material fact. Depending on where you're located, the rules are likely similar. Note, however, that the scope of the disclosure can be limited to exclude material that's irrelevant. Your lawyer should (and probably will) take the position that some of what they're requesting is irrelevant, and needn't be disclosed. This puts your wife's lawyer in the position of telling his client they'll need to apply to the court for an order; if she's seeking some particular documents but doesn't convince the court of their relevance, the court shouldn't order production, and may make your wife pay you costs of the application. Put the onus on the other side to establish relevance, and see what argument they come up with. Link to post Share on other sites
bentnotbroken Posted July 27, 2012 Share Posted July 27, 2012 I found it really very satisfying when, during discovery, we asked my ex straight out for things he thought I had no idea existed. We already had the records of course, but when he said they did not exist and then we produced them....the screw turned. I know that screw well.... 1 Link to post Share on other sites
Author M30USA Posted July 27, 2012 Author Share Posted July 27, 2012 This is absolutely true, you never lose money by hiring the right attorney. I know of a similar scenario, my aunt divorced my uncle and was utterly convinced she was going to have a payday. Unfortunately he knew half a dozen top notch attorneys from back when he was attending college. Long story short he has full custody of the children and she went from a mansion to what basically amounts to a trailer park. It's sad to think that lawyers and money have so much to do with the result of divorce cases. You'd like to think what is true and right always wins out, but I realized by the age of 12 that ain't the case. You can't blame judges. Judges are required to go based on legal precedent and current laws. Even if they believe one way in their heart, they don't risk their position by going against precedent. Link to post Share on other sites
2sure Posted July 27, 2012 Share Posted July 27, 2012 Women going after your assets is pretty much universal in a divorce, yes. In most divorces, nobody wins. The first divorce, he didn't pay child support because he was unemployed but working for himself.His daughter did without and I didn't have the sense to fight . Other guys pay so much child support they can't afford to see their kids for the weekend. It sucks. Link to post Share on other sites
Author M30USA Posted August 3, 2012 Author Share Posted August 3, 2012 I don't have a lot of money. I have a humble salary and not a lot of investments, etc. Why the heck is she doing a discovery? Does she think I'm having an affair? My lawyers said the reason women ask for phone records is because they want to see if there's an "other woman". I don't see why she's racking up the money or what she's looking for. Link to post Share on other sites
StrangeBehaviors Posted August 3, 2012 Share Posted August 3, 2012 I don't have a lot of money. I have a humble salary and not a lot of investments, etc. Why the heck is she doing a discovery? Does she think I'm having an affair? My lawyers said the reason women ask for phone records is because they want to see if there's an "other woman". I don't see why she's racking up the money or what she's looking for. Well, at the risk of a thread drift/big argument, if SHE is asking it then you are questioning emotion vs. logic. Emotion wins every time. Probably the lawyers though. You are in a war and don't know it. This is not mediation. There is not supposed to be common sense-middle ground. You've got to get that in your head. Her attorney is trying to find anything and everything to put you living in a tent and only see the kids 2 days a month when and if she says it's ok. Care! There is no care! You only make x? So what, get another job! Get my drift? Link to post Share on other sites
Author M30USA Posted August 25, 2012 Author Share Posted August 25, 2012 The Discovery process is normal. It's just about comparing financial statements/records, keeping it all above-aboard. And yes, on some level, it involves ulterior motives by the other party. I went through this hoop already. I complied, went through the pain of assembling all this info. My wife? She has yet to reciprocate even though it was mandated. I have to nudge my lawyer about that. My wife tried the same crap. Made me send them my whole life--and she hasn't given us crap yet. She even scheduled a motion to modify orders the week BEFORE she is supposed to have all her documents in. What an unfair cheapshot. Fortunately the judge ruled no change and didn't allow her to use ANY of my documents. Link to post Share on other sites
Author M30USA Posted August 25, 2012 Author Share Posted August 25, 2012 Sounds like your wife is grasping at straws trying to get more than she is legally entitled to. It is common for the person that got dumped to try and get revenge. I didn't dump her. I called the cops on her. She refuses to apologize to this day. That's why we are getting divorced. Link to post Share on other sites
firemanq Posted August 25, 2012 Share Posted August 25, 2012 Mine wanted more child support. Being in business for myself, my attorney told me to get all my business records together. That meant not just tax records, but supporting documents to show income and expenses. Before I left his office, I asked if the fat f**k had to show his records, as he lived with the soon to be x wife, and was in business for himself. My attorneys eyes lit and he said yes, & any records produced would be available to the opposing party. Two days before the court date, the stbxw backed off. I know she did not want the boyfriends records made available to my eyes. She knew I would go over his records with a fine tooth comb, and any problems would be shared with the IRS. She also knew my records would be honest. Link to post Share on other sites
Recommended Posts