my husband has a case for visitation, he gave all the documents the the other partie lawyer, like 6 times they still say there is more, but they do not say what they want. can we sue the other partie for harrassing him asking for documents that are not there.
2007-03-22 09:45:49 · 4 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
It's called disclosure. The other party has a right to this information if it is relevant to child or spousal support and/or visitation. If you don't think it is relevant, then don't give it to them, but the lawyer has a right to file Show Cause for contempt if the court finds that these docs are relevant. He's just doing what every single domestic lawyer does in every single case whether there is conflict or not. Settle down. You won't win any harrassment law suit so don't even bother. Sorry to be so blunt but I've seen a ton of divorces working at a law office. None are pretty so the lawyers have to be diligent.
2007-03-22 09:53:41 · answer #1 · answered by Eisbär 7 · 0⤊ 0⤋
Is your husband represented by an attorney? If not, he should be, because now you are starting to realize why he should be represented by an attorney.
This is part of the discovery process. There are a variety of ways to deal with discovery which is overbroad, and which seems more destined to harrass. However, I won't give you those, because you need an attorney licensed in your state to handle this for you.
If you do have an attorney, ask your attorney what you can do about it.
For a referral to an attorney, contact your local or state bar association.
2007-03-22 16:51:08 · answer #2 · answered by Phil R 5 · 2⤊ 0⤋
I would say write them a letter stating that you have sent them the information they have requested numerous times and that they are still trying to get some more papers that you are unaware of. You can state that you expect them to put in writing EXACTLY what they are missing and give them a deadline in which to respond IN WRITING. to you. Have it Certified mailed to the place of business.
If they keep bothering you, i suggest hiring a lawyer because after you officially announce that you have no clue wha they are asking but you are willing to comply and they keep on- its harassment
2007-03-22 16:53:49 · answer #3 · answered by glorymomof3 6 · 0⤊ 0⤋
File a Motion with the court, asking that the opposing counsel specify exactly what documents they want (i.e., "bank statements frmo Aug through Nov 2006" as opposed to "all you bank statements").
Your husband also needs to know when to answer "these documents do not exist" or "these documents are not in my possession, and exist at XYZ bank"
2007-03-22 16:51:28 · answer #4 · answered by Anonymous · 0⤊ 1⤋