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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 05-25-2006, 09:13 PM
FPI FPI is offline
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My Lawyer just informed me that my ex's Lawyer called her regarding qestioning. I heard many evil thinks about it. What should I expect. Has anyone gone through it? Any information would be greatly apprciated.
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Old 05-25-2006, 09:32 PM
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Discoveries are a two way street. If your subjected to a questioning session under oath, you can also cross exam the other party under oath.

Most likely they want to question you in regards to financial information. So anything you claimed on your financial statement, provide the receipt. Have your bank records, bills organized etc.

Best to be calm cool and collective. The questioning will be recorded for evidence.

lv
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Old 05-25-2006, 10:03 PM
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My Lawyer said questioning my wife is not necessary, since she doesn't have anything. Souldn't she at least ask her Lawyer what she has done to look for a job. etc..
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Old 05-25-2006, 10:15 PM
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Quite frankly FBI, it was the most horrible part of my 4 year divorce. And one of the worst experiences I've had in my life. They use to call it discoveries, now they call it questioning I think it should be called interrogations. Every thing you say is recorded, remember you will be under oath. Then it all comes back later on to slap you in the face. I hope for your sake the ex doesn't have a slick barracuda lawyer or you will be sunk. They fire questions at you, it's all out of order, and basically try to trick you into saying something that will be used against you. I felt manipulated.

I did mind 3 years ago, and then they wanted me to do it again, as obviously my finances, i.e. new job, and I was carrying the financial load. My lawyers also wanted me to do it again, and it was the only time I went against their advise and flatly refused. It ended up getting argued on a motion and thank god I won the motion, because I just couldn't do it again. The Judge said they could question me again through lawyer letters.

Sorry for being so negative, but I think its better for you to go into this with your eyes wide open. Perhaps it was my personality, I'm sensitive and not great under pressure. You may be much better than I was.

Good Luck.
Grace
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Old 05-25-2006, 10:22 PM
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Thanks Grace, I was wondering is there anyway I can avoid it. My Lawyer did say we can wright them a letter asking them what they want. However, when I went to court back in February they got a court order for questioning. They waited till today to let me know they want to proceed. Should I go with what my lawyer said originally or agree to the questioning?
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Old 05-25-2006, 10:40 PM
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I definitely would go through with it. Reason being if the matter does go to trial, they can question you anyways. They could also serve on you a request to admit. I suspect they want to somewhat intimidate you by the procedure. You lawyer should be present to monitor to ensure that questioning pertains to the issues.

They will probably question you on financial primarily as these issues are outstanding. Your lawyer should give you a coaching session before hand. Read your court documents to get a refresher of everything you have mentioned. You can be sure the other side has. Bring all documents receipts with you etc.

lv
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Old 05-25-2006, 10:47 PM
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No FBI, if they have a court order I think you have to do it. Make sure your lawyer prepares you, perhaps a mock examine so you know what to expect. Review all affidavits, financial statements and legal correspondence. Stick to the truth.
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Old 05-25-2006, 11:59 PM
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yes, I have to go through examinations for discovery---I also call them interrogations, Grace(you know what they say about great minds ha). I was afer a full 4-5 hours of nonsense- i mean asking me questions about things 10 years before i even met my ex. i couldn't remember so the lawyer spouted "so you have a brain disease?. My lawyer said nothing until i mentioned it at lunch. the other lawyer told him to apolagize and he did-then he had it stricken from the record but i should have said nothing, ordered the transcripts and sud him for harrassment, among other things. I finally said i have to leave to take my son to karate but the lawyer said if i leave, he charge me with contemp. this went on for awhile later and it was adjourned til the next day!!!!!!!!!!!by the way, i fired my lawyer after that .
so no it was a terrible time of bullying harrasment, feeling locked in and intimidation.
Hopefully you're will go better
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Old 05-26-2006, 12:03 AM
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Hey Guys ....so sorry about the terrible neglect to my typing-i was getting angry just thinking about that entire interrogaton situation and I began typing too fast etc. but hopefully I got the point across. Thanks
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Old 05-26-2006, 12:21 AM
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I know the feeling GKTT, (no apology needed for your vent) once I knew they were trying to trick me, I started to take my time and think before I answered the questions. Then I got from the other side, "why are you taking so long to answering the questions, are you stoned", like there were trying to make me out to be a drug addict. This is how manipulative it can get, you apparently have a brain disease and I apparently have a drug problem.

Good Luck, FBI , keep us posted
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