In a divorce proceeding, what can I ask for in discovery?
What are some things I can ask for in Discovery? My husband and lawyer requested discovery for custody trial. Should I include a question on his past admitted adultery to show how it harmed and harms his time with our son? I would not like to get into mud slinging but since they asked for Discovery, interrogatories and evidence with 10 maximum for each, I assume they are going to try to throw my reactions and accusations to any repeated infidelity in my face and say it is false and I’ve harmed our son.
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You can ask for the same exact things they did. Normally people just copy and flip it. Change the wording to their side. Then serve it.
Above is a template. It's all relative to the case and information. These are likely different states but can still show examples. Normally this involves financial issues.
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What are some things I can ask for in Discovery? My husband and lawyer requested discovery for custody trial. Should I include a question on his past admitted adultery to show how it harmed and harms his time with our son? I would not like to get into mud slinging but since they asked for Discovery, interrogatories and evidence with 10 maximum for each, I assume they are going to try to throw my reactions and accusations to any repeated infidelity in my face and say it is false and I’ve harmed our son.
StephenH129
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StephenH129
You can ask for the same exact things they did. Normally people just copy and flip it. Change the wording to their side. Then serve it.
Above is a template. It's all relative to the case and information. These are likely different states but can still show examples. Normally this involves financial issues.
Okay, then if it is financial then it will look good for him since he had the money and he is giving me support.
So one side waits for the other to send in the request?
StephenH129
It depends on the divorce. I know nothing of the facts. Support should be ordered if it's warranted.
Both normally send it and have 30 days to answer.
It’s just custody because he wants that done before support or divorce is done
StephenH129
Ok. That's a choice in strategy, I guess. Child support is dependent on income and overnights.
Yes, he wants overnights even though he works third shift
StephenH129
That makes no sense and is impossible. How?
And my thing would just be that he had him weekends and during the week if he gets off or works daylight
StephenH129
That isn't reasonable. I don't see how it's really possible.
Because he’s 13 and the judge won’t dismiss it and is making us do a trial because we couldn’t come to an agreement but my husband asked for discovery. We didn’t have to do discovery
StephenH129
Right. But it's the right of each side technically. So you couldn't have stopped it.
Can I ask for lawyer fees if this works out in my favor because I will have to represent myself in the divorce as there won’t be any left over because it’s a half day trial and lawyer is $300/hour
StephenH129
You don't have an attorney so no.
If you retain someone, yes.
We both do and his lawyer asked for attorney fees because I wanted to modify the mediation agreement. And that is ridiculous because he has a mass amount of money from inheritance. I only got a lawyer because he took this to court because he wants him one week him and one week with me and honestly that cannot be good for children but he works night shift anyway.
My lawyer is paid for because my parents got a lien on some equipment.
StephenH129
Then you can ask for fees, sure.
Okay, thanks. I was going to ask for time cards so to speak to show his work shifts and to show his time off he didn’t spend with Nic
StephenH129
Ok. Did you have any other questions or concerns? Do you need any clarification on what we have discussed?
No thank you.
StephenH129
Sounds good. Happy to help. Thank you very much. Take care now and be well!
StephenH129
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