What happens if my ex didn’t provide the discovery documents I asked for?

Family Law Forum
1

I’m wondering what happens now that my ex-husband didn’t provide the discovery documents my lawyer requested. Why would he not respond to this request? I’m still trying to learn about divorce proceedings, but it seems more complicated than I thought, especially since English is not my first language. Has anyone gone through something similar? I’d really appreciate some insight. We have two kids and a property together. Thanks.

2

My soon-to-be ex-wife submitted a really incomplete discovery with missing banking info, retirement details, and more, which my lawyer and I noticed right away. I told her the discovery was incomplete, and she agreed it was. Her lawyer then sent a Motion to Compel, and I sent my complete discovery. My lawyer was supposed to send the letter of deficiency, but she didn’t, and now she’s quitting on me.

3

The judge will likely compel him to provide the documents, hold him in contempt, or use it as evidence that he’s withholding information. Your lawyer and the judge will take care of it; you won’t have to do anything yourself.

4

@Shawn
What if you tried to get some of the documents but couldn’t because they went to collections?

5

Ember said:
@Shawn
What if you tried to get some of the documents but couldn’t because they went to collections?

Huh? The paperwork should still exist even if the account was sent to collections.

6

@Shawn
Apparently not. I called the bank and collections, and they said they couldn’t help me get the documents.

7

Ember said:
@Shawn
What if you tried to get some of the documents but couldn’t because they went to collections?

You can file a reply to the motion to compel and explain the situation.

8

My ex never fully provided the required documents either. In the end, the judge had to basically guess his income. In family court, it seems like there aren’t any real consequences for people who lie, hide stuff, or try to cheat.

9

You can file a motion and order to compel. If he still doesn’t comply, the next step would be a motion for sanctions, asking that he not be allowed to present any evidence at trial.

10

Your attorney can file a motion to compel to force him to provide the discovery.

11

My ex didn’t provide any discovery either. We had to subpoena his employer for his income details because he was trying to avoid paying child support.