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Common Law Issues The law regarding common law relationships is different than in cases of divorce. Discuss the issues that affect unmarried couples here.

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  #1  
Old 04-24-2013, 10:38 AM
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Leviathan Leviathan is offline
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Default Is this normal behaviour??

So during our CC, the judge gave us until the 15th to exchange disclosures. I scrambled to get everything together so we could send the info over to the stbx's lawyer.

We were expecting their disclosures in return the same night.....NOTHING!!..we're on day 9 (past due) and we still haven't gotten their disclosures. I had my lawyer send a letter basically asking what's up??...that was 2 days ago??

I'm sitting in the Dark here...

Is this normal??..Opposing council NOT responding at ALL??

we've threatened to take this straight to SC..

any advice??
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Old 04-24-2013, 11:20 AM
mom2three mom2three is offline
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Totally normal unfortunately. The lawyer would provide the info if it had been given.

Welcome to family law, but I don't know what a threat to SC would accomplish. I would be asking for my lawyer to file a motion to determine issues in the interim despite lack of disclosure, not bringing it to another conference where nothing could get accomplished.
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Old 04-24-2013, 11:31 AM
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File a motion to order disclosure, request costs due to their non compliance.
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Old 04-24-2013, 11:38 AM
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Quote:
Originally Posted by mom2three View Post
Totally normal unfortunately. The lawyer would provide the info if it had been given.

Welcome to family law, but I don't know what a threat to SC would accomplish. I would be asking for my lawyer to file a motion to determine issues in the interim despite lack of disclosure, not bringing it to another conference where nothing could get accomplished.
hey mom:

yea we've only had a 4 way sit down, then a CC so far (during 4 way stbx and her lawyer stormed out)..judge made his opinions during the CC..my lawyer and I followed through on our end, stbx and hers didn't..

I'm pretty pissed..
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Old 04-24-2013, 11:39 AM
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File a motion to order disclosure, request costs due to their non compliance.

Thats a good idea NBDad...thanks
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Old 04-24-2013, 11:47 AM
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Yes, totally normal when opposing counsel conducts him/herself like a douche. And there's far too much of that, that goes on. Theoretically, this should not be the case. Best of luck.
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Old 04-24-2013, 11:50 AM
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Yes, totally normal when opposing counsel conducts him/herself like a douche. And there's far too much of that, that goes on. Theoretically, this should not be the case. Best of luck.
well...like I mentioned...we threatened to go straight to SC (seeing as they don't really want to communicate with us by the lack of the disclosures)...

I guess we'll come up with an OTS..fax it over and see if they reply to that one.

if not...I really can't see anything other than a SC, no??
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Old 04-24-2013, 02:00 PM
Pursuinghappiness Pursuinghappiness is offline
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Its unfortunately very common...I'm in the same boat...and I'm at a late stage too, so at this point, I don't have time to wait.

I basically estimated what I didn't have and made an offer to settle based on that. Its not ideal and you have to use the data you have. If its any consolation..if you're reasonable, its exactly the same process the court will use in the event of a trial...they'll extrapolate, use the data at hand, and guess on the high side against the non-disclosing party.

I've tried everything...questioning/undertakings, multiple motions, etc...hasn't worked.

You have to move on with what you have. Pull together what you can as evidence.
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Old 04-24-2013, 02:33 PM
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Its unfortunately very common...I'm in the same boat...and I'm at a late stage too, so at this point, I don't have time to wait.

I basically estimated what I didn't have and made an offer to settle based on that. Its not ideal and you have to use the data you have. If its any consolation..if you're reasonable, its exactly the same process the court will use in the event of a trial...they'll extrapolate, use the data at hand, and guess on the high side against the non-disclosing party.

I've tried everything...questioning/undertakings, multiple motions, etc...hasn't worked.

You have to move on with what you have. Pull together what you can as evidence.

I'm the "repondant" here, Pursuing...we've asked for the "applicant" (the stbx) to give us some disclosures and she hasn't...the judge agreed with both parties that we were to exchange disclosures within a certain date.

I'm looking to make a OTS for SS now that they haven't responded from my letter asking for their disclosures......I'll bring it in on the low side (within the ranges the judge suggested during the CC) and I'd be surprised if the Stbx and her lawyer didn't respond..

what a game!!...unreal!!
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Old 04-24-2013, 02:45 PM
Pursuinghappiness Pursuinghappiness is offline
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Yes..i'm the respondent too because when I asked for mediation at the beginning of the separation process...my ex decided to decline and instead tried to do the "shock and awe" approach and served me with divorce papers full of crap.

Its pretty typical for HC litigants to do this type of thing and then stall when they realize they're going to be paying up for equalization...very very common.

By the way, if you're going after SS and he hasn't disclosed his income...don't ask for low...ask for median range. Its probably what you'll get at motion and its worth asking for. Judges don't like litigants that screw around either and there's very few punitive measures they have...awarding higher SS is one of them. Ask for median range.

Send as few letters as possible and always send them with a reasonable time period and a warning that a motion is going to follow. Letters probably won't get you anywhere except to help you get awarded costs...you're going to need to file motions to get stuff done (and even that doesn't always work)....sorry.
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