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Can I get a divorce case dismiss that filed by my wife?

Hillsborough, NJ |

I sent a production of docs & interrogatory questions to my wife and in the response I got 98% of the answers in the interrogatory questions are saying plaintiff doesn’t presently possess any responsive materials ; plaintiff reserves her rights on supplement or amend this response as discovery continue . Can I get the case dismiss from the court at this point , seems like there is no definite date ( 30 days was the time period for the first POD \ IQ ) now for submitting any production of Docs ? Is that anything that can go in my fair at this point ? the Conference meeting is in the end of next month .

Attorney Answers 3

Posted

it sounds like you are trying to represent yourself. If so, there are specific Court Rules and procedures that you need to familiarize yourself with and follow.

It is very unlikely that the Court will grant a Motion to dismiss, until you have taken the first step: That is--you should call her (and send her a letter) telling her how her answers are deficient and asking that she fix the deficiencies within a specified period of time (I suggest 7-10 days). If she doesn't do that, you should file a Motion with the Court to compel your wife to provide more specific answers to your discovery requests or, if she has provided no answer at all, to compel her to provide an answer. Make sure to describe in your Motion papers exactly what you have done to try to get the discovery from her, before filing the Motion.

You should seriously consider at least meeting with a very experienced Divorce Lawyer, going over all of the facts and getting the necessary guidance.

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Posted

Failure to answer discovery could lead to a dismissal in extreme situations. But if you really need the information then you need to have the judge order her compliance. I agree with the suggestion that you meet with an attorney quickly.

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Posted

I agree with the other two attorneys. It is unlikely in a divorce matter, unlike in civil cases, that the matter would be dismissed, although there may be sanctions if your wife ignores court orders, or she may be prevented in seeking remedies like equitable distribution or alimony if she doesn't provide responses like a case information statement, etc. You need to consider making a motion to compel compliance with discovery, but as mentioned, you probably should confer with a family law attorney.

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