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Subpoena for another state

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jmarshallmiami

Junior Member
I am in Florida and I need to subpoena the documents of somebody in New Jersey.

The backstory: I am in the middle of a divorce proceeding and my wife received a considerable inheritance from Russia that she split 50/50 with her Sister (I have the official document from overseas stating this fact - translated, registered, and notarized). The document however does not state WHAT the inheritance is. Based on what my wife told me before things went sour, the total inheritance (pre-distribution) includes about $1mm in cash, a $500k apartment, a $100k summer home, and numerous items in a safety box totaling potentially in the $2mm range including rare gold coins and Faberge eggs (I am aware it will be nearly impossible to prove what was/is in the safety deposit box). According to my wife, her Aunt left the apartment to her alone because she was the favorite niece.

The problem: my wife only wired over less than $150k from Russia and then told me that she left the rest in there as a safe place to hold the money for our kids' college. Then, during her deposition, she stated that the $150k represents her complete share of her inheritance, and that all of the real estate was left to her Sister.

Her Sister told me that she wired her entire inheritance over from Russia and she confirmed that the apartment was left to my alone. My wife's Sister lives in New Jersey and I need to subpoena her bank records that show the wire transfer from Russia was in excess of the $150k that my wife is claiming. I am also working on getting the deed (or similar document) for the apartment sent over to me from Russia.

This is an issue as I am seeking for my wife to pay my attorney fees.

So back to my original question: I am in Florida and I need to subpoena the documents of somebody in New Jersey. How can I do this?

One option that was suggested was to file a civil suit against the Sister thereby giving me the right to depose her, but I am not sure that is the best way.

Any advise would be appreciated.
 


Zigner

Senior Member, Non-Attorney
You have no claim to anything your wife inherits. Why would you need the information?
 

jmarshallmiami

Junior Member
Although I do not have claim on the inheritance (understood that it is a non-marital asset), in Florida, as my attorney explained (when I had one), the party that is more financially sound pays the attorney fees of the other party in a divorce proceeding.

I want her to pay for my attorney. To do so, I have to prove that she has a large sum of money as well as valuable real estate.
 

Zigner

Senior Member, Non-Attorney
Your attorney should know how to do all of what you are asking.

I suspect, however, that your attorney did not actually give you an absolute regarding the other party paying the attorney's fees. If he had, he would already be working on this.
 

jmarshallmiami

Junior Member
I asked my attorney to withdraw as I ran out of money and credit line to maintain him. I am now representing myself. That's why I am on this forum asking for advise.

The attorney I am up against is a family law specialist and I need to have some ammunition against my wife.
 

Ohiogal

Queen Bee
I asked my attorney to withdraw as I ran out of money and credit line to maintain him. I am now representing myself. That's why I am on this forum asking for advise.

The attorney I am up against is a family law specialist and I need to have some ammunition against my wife.
If you are not with counsel you won't get money to pay an attorney.
 

jmarshallmiami

Junior Member
I'm looking to get reimbursed for the money already paid out to attorneys (~$35k) and potentially money to pay for representation going forward.
 

Silverplum

Senior Member
I'm looking to get reimbursed for the money already paid out to attorneys (~$35k)
That's not how it works. You don't get repaid for past monies spent, unless the court had ordered it. If you hadn't already requested it, the court will not order the past monies be repaid. The request comes first, the court decides one way or the other, and then (if granted) you can get payment.

And really? $35K for a divorce is insanely expensive. There is no reason to be fighting at that level. :eek:

jmarshallmiami said:
and potentially money to pay for representation going forward.
That would be a request you'd make to the judge, but you'd have to have an attorney to pay, as Zigner already wrote.
 

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