Skip to main content

Can I file my own subpoena in my post divorce case?

Los Angeles, CA |

My divorce has been over for a few months and I am trying to get a hold of a draft copy of my QDRO. We outsourced it to a QDRO company but it was done through my ex husbands attorney. They will not and have not given me the draft copy and the company claims they cannot give me a copy of the draft because I wasn't the one who requested it. I believe my ex husband is trying to hold up this process so I was wondering if I could subpoena the QDRO company for a copy of the draft.

+ Read More

Attorney answers 2

Posted

You first posted this under Ohio. Now in California. State laws make a difference. In Ohio an attorney has the authority to issue a subpoena.

If you do not have an attorney, the clerk of court will have to issue the subpoena as a lay person may not issue one. Most clerks will require that the judge be involved, so simply seek leave of court in your pending case to proceed.

Posted

If your ex's attorney was supposed to do this, then they can be held for contempt. That is where you can start. YOu can also file a motion to have you ordered to get the QDRO done. A subpoena isn't what you need to do. Seek legal assistance on this.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer