We live in texas. Case is in Utah, Divorce filed in Colorado.
My husbands ex-wife, has filed a order to show cause against him. She claims he is in contempt of an order in their divorce decree. However, we know he is not. The problem is, the area she is referring to in the decree is open for interpretation. She actually tried to file a contempt motion against him in 2006, in the county the decree was drafted, however after my husband spoke with her attorney at the time he made her realize he was not in contempt, and nothing proceeded to court. Now here we are 2008 almost 2009, and she had a change of venue, and had filed the order to show cause. We know she did not take it to court in 2006 because the Judge (who granted the divorce) was very aware of the way it should be interpreted, and she knew she would lose her case.
Ok so that is the background information.
My husband does have an attorney, but the case is in another state, so it is making Communication with that attorney difficult. In addition, obviously we are charged every time we call him, and we cannot afford to just call with random questions.
I actually just graduated with a degree in paralegal studies, and I would like to do everything I can to make sure my husbands attorney has all the information he needs to win this case.
So what I was thinking is, what about getting a statement from someone in the county that the decree was drafted in? Would it be possible to contact the court and request such a statement form the judge that presided over the divorce? I also thought about contacting My husbands attorney during the divorce and asking him for a statement, but would that actually prove anything? My husband’s attorney has not suggested any of this.
What I have already provided to my husbands attorney is
1. The letter we received in 2006 threatening to file the contempt motion if he did not comply.
2. The motion to withdraw form his ex-wife’s attorney we received in 2007 ( I thought this would be good to prove she continued to represent his ex-wife for another year after we received the letter. This should cause some suspicion as to why she did not proceed with the contempt motion considering she already had an attorney, and if my husband were in contempt, he (per the divorce decree) would be responsible for her attorney fees. Moreover, there would be no need to interoperate the divorce decree in the presences of the same judge that approved it.
Ok so what do you think about my Idea, and any other possible ideas would be greatly appreciated.
My husbands ex-wife, has filed a order to show cause against him. She claims he is in contempt of an order in their divorce decree. However, we know he is not. The problem is, the area she is referring to in the decree is open for interpretation. She actually tried to file a contempt motion against him in 2006, in the county the decree was drafted, however after my husband spoke with her attorney at the time he made her realize he was not in contempt, and nothing proceeded to court. Now here we are 2008 almost 2009, and she had a change of venue, and had filed the order to show cause. We know she did not take it to court in 2006 because the Judge (who granted the divorce) was very aware of the way it should be interpreted, and she knew she would lose her case.
Ok so that is the background information.
My husband does have an attorney, but the case is in another state, so it is making Communication with that attorney difficult. In addition, obviously we are charged every time we call him, and we cannot afford to just call with random questions.
I actually just graduated with a degree in paralegal studies, and I would like to do everything I can to make sure my husbands attorney has all the information he needs to win this case.
So what I was thinking is, what about getting a statement from someone in the county that the decree was drafted in? Would it be possible to contact the court and request such a statement form the judge that presided over the divorce? I also thought about contacting My husbands attorney during the divorce and asking him for a statement, but would that actually prove anything? My husband’s attorney has not suggested any of this.
What I have already provided to my husbands attorney is
1. The letter we received in 2006 threatening to file the contempt motion if he did not comply.
2. The motion to withdraw form his ex-wife’s attorney we received in 2007 ( I thought this would be good to prove she continued to represent his ex-wife for another year after we received the letter. This should cause some suspicion as to why she did not proceed with the contempt motion considering she already had an attorney, and if my husband were in contempt, he (per the divorce decree) would be responsible for her attorney fees. Moreover, there would be no need to interoperate the divorce decree in the presences of the same judge that approved it.
Ok so what do you think about my Idea, and any other possible ideas would be greatly appreciated.