What is the name of your state (only U.S. law)? NH
I have a lawyer, but have an uneasy feeling about this and would like information from others. I filed for divorce last November. We had a single hearing before Hearing Master in April to decide who gets temporary use of the marital home. Our final hearing is two weeks from today, but there is so much up in the air, I am very concerned.
My lawyer sent a 22 page document to his lawyer requesting all sorts of information about debts, tax returns, bank statements, gifts, and the values of our possessions. It was sent about two weeks ago. Isn't that "discovery"? Our paperwork states that discovery must be completed and in to the court no later than 30 days before the court date. As of yesterday, STBX has not received the questions. Some of the information (such as retirement account info) may take a while to obtain.
Should I also be collecting this information? I took it upon myself to get a home appraisal -- should I be doing that with other items in our home? Is there a certain format for assets, or do I just bring a list? Do I bring photographs? Receipts?
In addition, both STBX and I have been asking our respective attorneys for several months to set up mediation so that we can decide who gets which items. Is this something that we are supposed to do on our own? Understandably, we argue when trying to figure out who is entitled to what. I've read that mediation gets us in a room with an impartial person who helps us reach a fair division of the assets. With two weeks to go, I am concerned that we will not have time for this step.
So what happens if we both show up to court, basically unprepared? Will the Hearing Master just say "You're divorced, split everything in half"? Will it be continued to another day (would take another six months or so)? What happens if I bring a list of assets to court and he does not? What if an asset is overlooked/forgotten/hidden from the court?
This has been an hugely expensive process for both of us, and every time I call my lawyer, he actually answers very few of my questions. He just tells me not to worry about it and he has everything covered.
I've never been through this process, and I am just looking for any guidance or advice that any of you could share...even if it is just "be patient and trust your lawyer." Thank you in advance for your time.
I have a lawyer, but have an uneasy feeling about this and would like information from others. I filed for divorce last November. We had a single hearing before Hearing Master in April to decide who gets temporary use of the marital home. Our final hearing is two weeks from today, but there is so much up in the air, I am very concerned.
My lawyer sent a 22 page document to his lawyer requesting all sorts of information about debts, tax returns, bank statements, gifts, and the values of our possessions. It was sent about two weeks ago. Isn't that "discovery"? Our paperwork states that discovery must be completed and in to the court no later than 30 days before the court date. As of yesterday, STBX has not received the questions. Some of the information (such as retirement account info) may take a while to obtain.
Should I also be collecting this information? I took it upon myself to get a home appraisal -- should I be doing that with other items in our home? Is there a certain format for assets, or do I just bring a list? Do I bring photographs? Receipts?
In addition, both STBX and I have been asking our respective attorneys for several months to set up mediation so that we can decide who gets which items. Is this something that we are supposed to do on our own? Understandably, we argue when trying to figure out who is entitled to what. I've read that mediation gets us in a room with an impartial person who helps us reach a fair division of the assets. With two weeks to go, I am concerned that we will not have time for this step.
So what happens if we both show up to court, basically unprepared? Will the Hearing Master just say "You're divorced, split everything in half"? Will it be continued to another day (would take another six months or so)? What happens if I bring a list of assets to court and he does not? What if an asset is overlooked/forgotten/hidden from the court?
This has been an hugely expensive process for both of us, and every time I call my lawyer, he actually answers very few of my questions. He just tells me not to worry about it and he has everything covered.
I've never been through this process, and I am just looking for any guidance or advice that any of you could share...even if it is just "be patient and trust your lawyer." Thank you in advance for your time.