We filed for divorce in October 2013. My wife is the petitioner. I filed my disclosures with an offer to settle in December 2013. Mediation broke down and we got separate attorneys. Since then we have gone to court and have a court order in regards to custody and child/spousal support. We have never received their disclosures, so we filed something like a 2100 form giving them 30 days, on the 28th day they responded asking for updated information from me which was provided, since then nothing. I want to set the case for trial but can't until they provided their disclosures and so far I'm being told there's really nothing I can do to force the petitioner to respond with their disclosures, is this true?
Family Law Attorney
You have an attorney. They are responsible for managing the litigation. The process is called discovery.
Given the costs of litigation--which add up quickly if discovery is necessary-- you may wish to take a longer view and revisit settlement. You will not get everything you want from either litigation or settlement. Buying peace is the norm for business-- because it always makes business sense.
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If you have an attorney that attorney is closer to the situation and in the best position to advise you. Generally, discovery devices have deadlines attached, and enforcement of the deadlines is always possible - though that enforcement, ironically, can slow you down substantially.
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Yes. It is depending on the closure of discovery and the mandatory settlement conference dates. These are things your attorney needs to explain to you, ask him or her.
Attorney Williams practices FAMILY LAW throughout the State of California. The response provided in this forum is not intended to create an attorney-client relationship. The information offered in this response is for general informational purposes only and should not be relied upon without further consultation with a legal professional after all relevant facts are disclosed and considered. DANIEL S. WILLIAMS, ESQ. LAW OFFICES OF DANIEL S. WILLIAMS