Can I, as the defendant, force my wife into court?

[captgreg]

What is the name of your state? South Carolina.

My wife is a paralegal with a large firm in SC. I am now living in Missiouri. She filed back in November and has been burying me (and my attorney) in paperwork (disclosures, etc.). My attorney has continued to play their game and is racking up the hours and costing me a fortune which I do not have. Is there any way I can force her to get to court and just let the judge sort things out. We really don't have anything to fight over (we already have a separation agreement - she has everything, house, kids, personal belongings, etc.) so I am not really worried about how the judge rules. I just want this process to be over with. We have well exceeded the one year state requirement for no-fault legal separation (though she has, since the original filing, changed it to a fault separation). I am out of money, out of patience and ready to get on with my life. Any help anyone could offer would be GREATLY appreciated.

 

[Ohiogal]

When were the papers filed for divorce?

 

[fairisfair]

When were the papers filed for divorce?

Just pointing out that he said she filed in November. Assuming of course that was 2006.

 

[captgreg]

Followup...

She filed for divorce in November of 2006. In South Carolina you can't actually file for divorce until you have lived separately for a year (which occured in May of 2007). We received a separation order in January of 2007 at which time she switched from a no-fault divorce to a fault divorce. I didn't hear anything from my attorney until last week (despite repeated calls and emails) at which time I was sent about thirty questions from my wife's attorney which my attorney told me to respond to and give back to him. Each of these thirty questions have questions in them. Some are benign, but others ask me to list everyone I've ever had sex with, kissed or dated since the age of 18 (mind you we didn't marry until I was 26), my financial history (including all banks I've ever banked at, salaries at every job I've every held, etc.) since 18. Long story short, it would take me countless hours to answer these questions and some of the answers would not look very favorable to me. I called my attorney to ask him why in the world he would suggest that I answer these questions, but once again he won't call me back. As I said, I'm at the point where I just want to count my losses and get this thing finished. With or without my attorney's help.

 

[Ohiogal]

She filed for divorce in November of 2006. In South Carolina you can't actually file for divorce until you have lived separately for a year (which occured in May of 2007). We received a separation order in January of 2007 at which time she switched from a no-fault divorce to a fault divorce. I didn't hear anything from my attorney until last week (despite repeated calls and emails) at which time I was sent about thirty questions from my wife's attorney which my attorney told me to respond to and give back to him. Each of these thirty questions have questions in them. Some are benign, but others ask me to list everyone I've ever had sex with, kissed or dated since the age of 18 (mind you we didn't marry until I was 26), my financial history (including all banks I've ever banked at, salaries at every job I've every held, etc.) since 18. Long story short, it would take me countless hours to answer these questions and some of the answers would not look very favorable to me. I called my attorney to ask him why in the world he would suggest that I answer these questions, but once again he won't call me back. As I said, I'm at the point where I just want to count my losses and get this thing finished. With or without my attorney's help.

Why didn't your attorney move to dismiss on the basis that you had not been separated for a year. As for the interrogatories they are a normal part of discovery which takes place during divorce. HOWEVER with that being said I would definitely been objecting to any questions that request information from the age of 18 on the basis that that information is irrelevant and overly broad. And it sounds like you need a new attorney.

 

[seniorjudge]

I do not know South Carolina law.


In a lot of jurisdictions, these kinds of interrogatories are deemed harassing and cannot be filed.

I am assuming that your lawyer in South Carolina knows the law.

Persist in getting a hold of him and demand some answers since you are paying the bill!

 

[nextwife]

She filed for divorce in November of 2006. In South Carolina you can't actually file for divorce until you have lived separately for a year (which occured in May of 2007). We received a separation order in January of 2007 at which time she switched from a no-fault divorce to a fault divorce. I didn't hear anything from my attorney until last week (despite repeated calls and emails) at which time I was sent about thirty questions from my wife's attorney which my attorney told me to respond to and give back to him. Each of these thirty questions have questions in them. Some are benign, but others ask me to list everyone I've ever had sex with, kissed or dated since the age of 18 (mind you we didn't marry until I was 26), my financial history (including all banks I've ever banked at, salaries at every job I've every held, etc.) since 18. Long story short, it would take me countless hours to answer these questions and some of the answers would not look very favorable to me. I called my attorney to ask him why in the world he would suggest that I answer these questions, but once again he won't call me back. As I said, I'm at the point where I just want to count my losses and get this thing finished. With or without my attorney's help.

Wow.

My hubby and I married after I was 40, and after he was 50. Can you imagine trying to even remember everyone one ever dated once or twice, every job one ever had, OR WHAT i WAS PAID! I can't even remember WHAT i HAD FOR DINNER TWO DAYS AGO!

I'd have my attorney fight that. It's nobody's business who you dated at age 22.

 

[captgreg]

I appreciate the advice about pursuing this with my attorney, however right now I am simply looking to get this into court and let the judge rule. My attorney wants to continue to play the game and charge me even more. I don't want to spend more money on yet more research and paperwork that won't lead anywhere anyway. I don't want to fight anything any longer. My wife has unlimited free legal resources and is not interested in reaching an agreement, but in bankrupting me. I simply need to know how to get a court date so I can get before the judge and get a judgment.

Thanks.

 

[Ohiogal]

I appreciate the advice about pursuing this with my attorney, however right now I am simply looking to get this into court and let the judge rule. My attorney wants to continue to play the game and charge me even more. I don't want to spend more money on yet more research and paperwork that won't lead anywhere anyway. I don't want to fight anything any longer. My wife has unlimited free legal resources and is not interested in reaching an agreement, but in bankrupting me. I simply need to know how to get a court date so I can get before the judge and get a judgment.

Thanks.

Since you have an attorney of record the attorney MUST pursue this for you. Or your attorney must be fired, must withdraw through the courts, the withdrawal must be approved by the judge and then you can proceed pro se.