Ex files new lawsuits / discovery without answering prior ones?

[Harmonygrl]

What is the name of your state (only U.S. law)? GA

This is a complex situation that unfortunately, becomes more complicated as more lawsuits get piled on top of existing ones. I'll try to sum it up and then ask for questions / advice, but please let me know if you need more information to clarify any points:

* I am asking advice on behalf of myself and my new husband. He is the one who has gone through the divorce as explained below.

* A few years ago, divorce was filed -- mediation unsuccessful and final hearing was retried several times. The last final hearing was in 2008, and the final ruling was delivered later the same year.

* Ex-spouse sued again because of not liking the terms of the final ruling -- twice in 2009. It went before the judge twice, and each time the judge upheld his own final ruling with no changes.

* Ex-spouse started another lawsuit at the end of 2009, again trying to retry the final ruling. My husband represented himself pro se (due to lack of funds) and filed timely with the court. The ex-spouse never responded to the last filing, and since then the filing window has expired. The judge has not yet ruled on this latest lawsuit (been waiting about 5 months).

* 2010 - in May, three (3) new lawsuits were filed by the ex-spouse. Basically, these lawsuits are demanding interrogatories and discovery from the period before the divorce was filed to current date. The lawsuits are retrying parts of the original divorce final ruling as well as wanting discovery on items provided in the first set of trials and on anyone living with him (this is where I get involved).

* Also, the ex-spouse has remarried (back in 2009) and changed her name, but she has filed these newest lawsuits in her previous married name. (She doesn't know that we know that she remarried, but we have certified proof of the remarriage from the clerk of the court.) It appears that she is trying to get his history of financials, even though alimony terminates upon her remarriage (as stated in the final ruling and per GA statute).

* Where I get involved is because of 2 reasons: 1) the interrogatories want full disclosure of all financials of everyone who resides with him. 2) Also, he and I married in April 2010. Before marrying, we drafted and signed a prenuptial agreement that separates our assets and debts, and he also relinquishes any claim to my assets, home, etc. It also states that each of us are responsible for our own upkeep and financial needs.

Believe it or not, that IS the short version!

Here are my questions / concerns:

* The lawsuits are threatening his incarceration if he does not fully comply. I say, she has never completed a single interrogatory (not during or after the divorce) and nothing ever happened to her. Isn't she is in contempt for that?

* Also, if my assets are separate, then why does he have to list them?

* What effect does her concealing her new marriage have on this current lawsuit?

* My husband resides with me in another state. The divorce occurred in GA, but I live in KY. How can a GA court of law compel information on me when I am not a resident of GA and never have been?

I'm concerned about the effects of this continued harrassment on our lives. There are no children, and only the harrassment keeps the relationship alive.
My husband is unemployed and has been for some time, probably because she kept suing his prior employer until he was laid off. He hasn't even received unemployment in over a year, and yet she still wants a disclosure and now wants my records?

What can we do - this seems bigger than him going pro se again. However, the judge still has not responded to the last round of litigation, and here comes more.

Any and all advice is welcome.

 

[mistoffolees]

Since he's obviously not doing so well pro se, he should hire an attorney.

Have the attorney petition the court to have the ex pay all of his legal expenses due to filing of frivolous suits and ask for sanctions. If the facts are as you stated, he can also sue for her interfering with his employment.

 

[Harmonygrl]

Thank you for the quick reply. I actually did email the attorney who drew up my premarital agreement to let her know what was going on, so I hope to hear from her very soon.

Also, his pro se representation seemed to go quite well because it stopped another response from being filed before the filing period expired. He was able to document all the frivolous lawsuits, and also revealed ongoing mortgage fraud (which then she paid off although she had been ordered to do so 18 months prior). It was a huge relief to get that note paid off, since he did not have the funds to do it himself and sue her for the proceeds later.

This individual is very litigious, not just with my husband. She had a history of suing employers, health insurance companies, etc. These are all a matter of public record. Unfortunately, the wheels of justice seem rather slow, because this slew of fresh lawsuits has not caught up with the previous ones she filed.

I think she is fishing for money because my husband has a social networking profile in the hopes of finding employment, but he has not worked for a salary or anything for nearly 2 years. She is still, however, suing his former employer for discovery, for health insurance issues, etc. They will not even acknowledge him as a former employee now, and that represents 20 years of his work history. I doubt he wants to sue his former employer, and besides they are under a different state altogether outside of GA or KY.

I'm also wondering if you or anyone else can comment on the legality of requiring information of my personal records, because I was never a party to this divorce. Aren't I entitled to some privacy?

 

[LdiJ]

What are the lawsuits about? What issues does she keep wanting to retry?

 

[Harmonygrl]

For the most part, these are the same issues rejected in earlier lawsuits dealing with the final ruling. What's new is interrogatories for financial records of anyone he lives with and extended financial / personal information on his online and work activities.

What are the lawsuits about? What issues does she keep wanting to retry?

 

[LdiJ]

For the most part, these are the same issues rejected in earlier lawsuits dealing with the final ruling. What's new is interrogatories for financial records of anyone he lives with and extended financial / personal information on his online and work activities.

That didn't answer my question at all.

 

[Harmonygrl]

I apologize, as I was trying to be brief since this is an online free forum.

What specific information did you want to know?

I.e., each point of contention for all 3 lawsuits that were filed in May? Or something else?

That didn't answer my question at all.

 

[Harmonygrl]

Here is a list of the issues she is suing over - hopefully this makes sense:

1) Disposition of the marital car (which was totaled in a car accident, no reimbursement from insurance company for property damages). She was awarded the car in its totaled state in the final ruling, so she was provided with the address of the location the insurance company was storing the car (back in 2008). Then, in writing she gave the car to him, and he accepted her offer. Later, she changed her mind, and he provided her the location of the car again in writing. However, she claims to not know the whereabouts of the car and reported it stolen several times to the insurance company and police, naming my husband as the thief. This was investigated and dropped when my husband provided the authorities the information about the location of the totaled car.

2) Split of 401k - she was awarded 50% of his 401k (she spent all of hers), as of the final ruling date back in 2008. He provided her as well as the court the website to use to execute the QDRO, but she never did it. She is now suing for half of the current value of the 401k and claiming that she has no access to the funds, even though the account has been frozen since 2008 waiting for her to execute the QDRO. It is a free online process, but he cannot do it since a court order froze the account. There is also the issue of the difference in value (2008 value vs. current value) - she wants the higher value, of course.

3) She alleges that he has more assets than the divorce final included (despite his losing his job prior to final, which is part of the court record.)

4) She wants him to pay her cost of COBRA health coverage. This was not ordered ordered in the final ruling, but health coverage was ordered in a temporary order of support that preceded the final (when he was employed). She wants that part of the temporary order to be enforced in lieu of the final ruling, which would require that insurance. (By the way, he did not even maintain COBRA for himself because the cost was too high.)

5) She wants him to pay for cost of preparing the marital home that she was awarded in full, to be made ready for sale. (This was also excluded from the final ruling.)

6) She wants reimbursement for her legal fees paid for by her parents.

7) She is demanding full discovery / disclosure on anyone's assets with whom he resides to be included in calculation of assets she should receive. These assets were already calculated during the divorce proceedings / final ruling, but he was not living with anyone (ie., me) until after the divorce was final.

8) She is suing for discovery on his employers or businesses (he has been unemployed since 2008) so she can attach related assets. She might have that idea from the fact that he is trying to network online and setup a name for himself, but he has no clients and no income.

9) She is also suing for full discovery for any of his profiles on social networking sites, dating sites (they have been divorced for 2 years!!!), and all online blogs.

10) She is also suing for mandatory arbitration in person, based in Georgia -- despite the fact that he now lives in Kentucky. Since he has no income, the travel / lodging costs are prohibitive.

Basically, she wants portions of the temporary order to remian in force in addition to compensation she was awarded in the final ruling. Also, she wants permanent alimony to continue (even though she remarried in 2009 and has still not disclosed this fact in her recent lawsuit).

Essentially, this is a repeat of the lawsuits she lost in 2008/2009 with addition of discovery (for her ex-spouse and anyone he lives with, meaning me) from a period before divorce filing to present date. This repeats the discovery delivered prior to final in 2008, plus 2009 and 2010, and adding myself as well.

That's it - I hope that wasn't too long or confusing.

 

[mistoffolees]

As I said, if he hasn't been able to get rid of those complaints (most of which are trivial) he shouldn't be handling the case. Find an attorney.