Contested divorce. During discovery&inspection how can I obtain a hospitalization record if the plaintiff refuses to provide it?: My spouse was hospitalized back in 2010.
Mario’s answer: Ask plaintiff to execute a HIPPA release form and subpoena the records yourself. If not, file a motion to compel plaintiff to produce the records or in the alternative preclude plaintiff from offering evidence of their own.
TRO Spouse lives in NY works in NJ:
If the sheriff cannot find and serve him in Manhattan can I call NJ Police and attempt to serve him with NJ police ?
Can I use a NYC process server to serve him in NJ ?
Mario’s answer: Anybody over the age of eighteen can effectuate service expect the litigant. In this case you cannot serve your spouse, but a process server or police officer can.
I am in the middle of a divorce and the other party has been stalling for 8 months signing the stipulation of settlement papers: the reason for her holding the final papers to be signed is because I have a part time minimum pay job and she is trying to wait until I get another job. I want to know what I can do
Mario’s answer: There is no legal obligation to sign a settlement agreement. If she is "stalling" and you wish to move the case forward you should request a court conference. If you are already in litigation then the case will progress naturally. Eventually the matter will be on for a trial.