Discovery

[tccandlsccmom]

For those of you much further down the process...what was the most valuable things your attorney and you uncovered during the discovery phase with respect to custody issues? We are just entering that phase, and I am trying to keep it as affordable as possible, but since my ex has sued me for sole custody, I need to be prepared to fight with facts.

Suggestions?  Thanks so much!

[NolaRiordan]

The discovery process was very expensive legally, and I still am annoyed about it. We were not planning on doing any and then he and his lawyer subpoenaed this incredibly long list of financial records-- hundreds of pages going back several years And he already had access to all that stuff because it was all in the file cabinet in the home we were both living in. Nothing was hidden. So I felt like it was either an intimidation strategy or just something his lawyer suggested to jack up her fees? Anyway as far as custody the only thing that really pertained to the kids was they asked for a list of witnesses we might call if we went to trial who could speak to our involvement with the children. I produced a list as long as your arm of teachers, coaches, scout leaders, parents of kids we'd had play dates with, etc. who had seen me interact with my kids, and who I knew would testify that I was an engaged and involved mother. We subpoenaed the same thing of him then and he never produced it. Just responded to that question with "a list will be provided if there is a trial." Of course we never went to trial so it never came up again. I do think my putting the list together did make him (or his lawyer) realize that there was no way they could make a case for full custody. I don't think he would have had anyone besides perhaps his mother to put on the list.

[kryztuh]

I'm in the thick of discovery, mainly because EX filed a countercomplaint for alimony and 50/50 physical custody (to reduce his child support obligation).  It is exhausting.  My attorney just filed a second round of discovery pertaining to his assets and his girlfriend.  It's not like we have millions in assets. 

While I take the time to document and answer each interrogatory completely and actually provide the documents he requests, he ignores his questions or parts of them, pleads the fifth (really!), or redacts entire documents that he submits, which makes them useless.

I am hoping that his unwillingness to cooperate with the discovery process (and his attorney is the one who initiated it!) will make him look like an ass in court, but I don't really know.

Good luck to you!

[NolaRiordan]

Originally Posted by kryztuh 

While I take the time to document and answer each interrogatory completely and actually provide the documents he requests, he ignores his questions or parts of them, pleads the fifth (really!), or redacts entire documents that he submits, which makes them useless.

Yes, that was exactly my experience too. We got a lot of "will be supplied at a later date" or some other BS.  And yes, he was the one that started doing discovery. We never when to trial so in the end none of it mattered anyway. And the whole discovery thing probably accounted for close to half of all of my lawyers fees. They also subpoenaed stuff from my employer (despite the fact that he already had access to ALL that stuff) which caused me some embarrassment at work.

[bananabee]

Originally Posted by kryztuh 

While I take the time to document and answer each interrogatory completely and actually provide the documents he requests, he ignores his questions or parts of them, pleads the fifth (really!), or redacts entire documents that he submits, which makes them useless.

I am hoping that his unwillingness to cooperate with the discovery process (and his attorney is the one who initiated it!) will make him look like an ass in court, but I don't really know.

Good luck to you!

This is what's going on in my case, too. I just found out my ex fired his atty (or his atty fired him), and that he still hasn't provided ANY discovery responses. Which is ridiculous. Esp since he initiated. I'm not surprised since he's always controlled all the money and assets in our marriage. I would LOVE to go to trial and have a judge rule on our case.