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Discovery in Divorce

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Derek2020

New member
What is the name of your state? Ohio
My spouse is playing a lot of games in the divorce. She also makes ALOT more money than me and is trying to spend me into oblivion. In the first round of discovery which goes out automatically she did not turn over her bank account or primary credit card account. My attorney said in Ohio the first round of discovery is somewhat informal and we needed to do a more formal interrogatories and request for documents. We did and sent over 11 questions and requested 6 months of the missing documents. Her attorney responded with 37 questions and request 4 years of every document, check stub, receipt, from my accounts and my business accounts for 4 years. It was a huge amount of data and I put it all together into 4 bankers boxes and a flash drive with 245 files on it and turned it over. Because I did not want to copy them all I only copied the things I thought were important like my proof that the IRA was fully funded before the marriage and we dropped them off at her attorney's office on the day demanded for review and copying. I wanted to sit there with my documents and demand they be returned that day and to copy them then and there but my attorney said I had to reasonable so we gave them two weeks. 1) The attorney let my wife take all the documents home with her. This was not our understanding. They were presented to her attorney for examination and copying not to be handed over to the person I am engaged in a lawsuit with. 2) After two weeks they have not been returned and they said they need more time to review them. Now here is the other thing. They STILL have not turned over their discovery despite the fact it is not two weeks past due. However I cannot file a motion to compel, because due to the virus our courts are closed for at least two more weeks. I feel like the attorney on the other side is cheating and pushing every boundary they can and mine is all hung up on wanting to seem to be reasonable one and says in the long run the court will recognize my good behavior and her bad behavior and in a divorce with kids that pisses off the court but I have to say I am starting to question her strategy as it is feeling like I am being a doormat and doing what I am supposed to while they do not and I can't seem to do anything about it. Ideas or advice? Is my attorney right and I just need to document all this and call it out eventually as proof they are playing games with something as important as child custody?
 
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adjusterjack

Senior Member
I feel like the attorney on the other side is cheating and pushing every boundary they can
And you're surprised? Your wife and her attorney are your ENEMIES and will do whatever it takes.. You should have understood that at the getgo.

mine is all hung up on wanting to seem to be reasonable one and says in the long run the court will recognize my good behavior and her bad behavior
No, it won't. The court doesn't give a hoot one way or the other.

I am starting to question her strategy as it is feeling like I am being a doormat and doing what I am supposed to while they do not and I can't seem to do anything about it. Ideas or advice?
Advice: Fire the wimp and get yourself a snake.
 

not2cleverRed

Obvious Observer
I'd be looking for a new lawyer. Someone with some bite.
Ditto.

And maybe they just do things in Ohio differently, but in my NY divorce, my lawyer retained the originals and submitted copies to the other party, if I recall correctly.

After all, both sides need the information in order to determine an equitable distribution.
 
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stealth2

Under the Radar Member
but in my NY divorce, my lawyer retained the originals and submitted copies to the other party, if I recall directly.
Ditto in mine.

I was going to suggest a male lawyer, but I used women both times I had to go to court (NY & later, NJ), and my ex referred to each as "a (w)itch on wheels"...
 

bcr229

Active Member
Advice: Fire the wimp and get yourself a snake.
Ahem. Snakes are typically laid back and if you get bit you likely earned it.

Also, we don't know how well his attorney knows the judge. His attorney may very well be too laid back and unwilling to fight, or he may be giving the opposition enough rope to hang themselves, knowing that the judge will only put up with shenanigans for so long before smacking the OP's STB-ex.
 

stealth2

Under the Radar Member
Ahem. Snakes are typically laid back and if you get bit you likely earned it.

Also, we don't know how well his attorney knows the judge. His attorney may very well be too laid back and unwilling to fight, or he may be giving the opposition enough rope to hang themselves, knowing that the judge will only put up with shenanigans for so long before smacking the OP's STB-ex.
Based on OPs post and the fact that his attorney is a woman, I suspect she may be too laid back. OP needs a litigator.
 

stealth2

Under the Radar Member
What???????????? Gender doesn't matter. I am more aggressive than many male attorneys in my area.
I *knew* you would comment. It's been my experience that one often needs to dig through a lot of (female) lawyers to find aggressive ones - they also tend to be ones who've been practicing longer. Too many feel that being a hard-a$$ puts them in a negative light. But sometimes that's what's needed. I suspect OP's lawyer is young & wants to be "liked"... Better?
 

bcr229

Active Member
Based on OPs post and the fact that his attorney is a woman, I suspect she may be too laid back. OP needs a litigator.
My attorney is a woman, and depending on the situation she can be either a pit bull or a church mouse. I think she's awesome.
 

Ohiogal

Queen Bee
I *knew* you would comment. It's been my experience that one often needs to dig through a lot of (female) lawyers to find aggressive ones - they also tend to be ones who've been practicing longer. Too many feel that being a hard-a$$ puts them in a negative light. But sometimes that's what's needed. I suspect OP's lawyer is young & wants to be "liked"... Better?
There you go.. many opposing counsel have referred to me as a *itch and often prosecutors who are new are sent with backup to go against me in juvenile court. how could I NOT comment?
 

Ohiogal

Queen Bee
I have run in to at least one of them.. Both have had issues with ethics...

Vincent:


Publicly Reprimanded00-41308-16-2000
Suspended For TermGEN-2010-160104-05-2011
Reinstated To PracticeGEN-2010-160105-16-2012

Joseph:

Suspended For TermGEN-2011-040803-08-2012
Reinstated To PracticeGEN-2011-040803-29-2013
 

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