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Repondent not Submitting Exhibits or evidence

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Sokols

Member
What is the name of your state (only U.S. law)? Ca
Went to court yesterday for the 3rd date of the trial - 2 more to go in 2 months. I asked my attorney what evidence or documentation has he requested the respondent to provide to court. It seems that I am the only one that has submitted requested docs. (pension,401k, bank stmts, W2,) My attorney did not request any from the other side. I find this alarming. I've asked him to request (unemployement payment proof, any commissions, car maintenance receipts, pension, 401k, and car sale docs.) My attorney said not to worry,as my husband won't have the proof in court as he didn't provide any documentation. My issue is that we never requested it the other side to provide it. Will this hurt my case and why wouldn't we need the other side to show evidence or proof of income, retirement etc. My soon to be ex is not working but could be receiving income or commissions. He also receives unemployement. He is also filtering cash.
Your suggestions whether to push this request of my lawyer. He doens't feel it's a problem.
 


mistoffolees

Senior Member
Ask your attorney.

In some states, you are required to provide that type of information even if the other side doesn't request it.
 

Sokols

Member
He is actually trying to have me pay alimony and his legal fees. He is not actively looking for employement and is on his 3rd extension of unemployment. He outearned me our entire marriage of 25 years. 3-1. Should I be worried that my attorney nor his has requested any proof or docs. for his pension,401k and bank stmts. He has not submitted any of this evidence to the court. What should I do or do nothing.
 

mistoffolees

Senior Member
He is actually trying to have me pay alimony and his legal fees. He is not actively looking for employement and is on his 3rd extension of unemployment. He outearned me our entire marriage of 25 years. 3-1. Should I be worried that my attorney nor his has requested any proof or docs. for his pension,401k and bank stmts. He has not submitted any of this evidence to the court. What should I do or do nothing.
As I said, your attorney may not have to request them. Your state may automatically require financial disclosure. If he doesn't provide it, then your attorney can take action. But if it's already required by state law, your attorney would be wasting his time (and your money) to request it again.

You should ask your attorney why he hasn't requested the information. If you're not happy with the response or don't think your attorney is representing you well, you're free to find another attorney.
 

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