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Can I get discovery from my separate spouse's husband directly from his company since he is not producing?

Palm Beach, FL |

My Ex husband lives in Florida and works there as a pain doctor. We had two homes, and I live in Calif. He didn't produce asset information accurately. I've tried to subpoena in pro per his doctor partners, and custodian of records, and they won't respond to a Calif Subpoena. What do I do to get asset and earning information from his medical practice? He's a 33% partner. Do I file a lawsuit in Fl, and hire a Florida attorney?

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Attorney answers 4

Posted

You are trying to do this yourself? That is not a good idea. The court in CA only has jurisdiction over him. So, you have to get the information from him pursuant to the discovery techniques available in CA.

R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.

Asker

Posted

My Ex took off with all of the assets so I need to do this as economically as possible. Do you know the law on this? I'm not understanding your answer in this regard. I would imagine there must be a way, I'm surely not the first with an out of state divorce that someone is stonewalling for discovery. I appreciate your comment. Thank you.

Posted

You would need to comply with Florida's version of the Uniform Foreign Deposition Law, Fla, Stat. 92.251 to have your subpoena be valid in Florida. Basically, your subpoena is issued by a Florida Circuit Court Clerk and enforcing the same once issued can be done under Florida law just as any other domestic request to produce could be enforced. The procedure for obtaining the issuance of the subpoena can differ by county as each clerk is free to implement and adopt their own, so contacting the clerk in the county where you would like the subpoena to be issued and enforceable would be the first step.

Sincerely,

Daniel Bachert, Esq.
The Bachert Law Firm, P.A.
330 Clematis Street, Suite 222
West Palm Beach, Florida 33401
(561) 653-3951
Palm-Beach-Divorces.com

Please be aware and advised that this public forum is designed to provide only general information, to give you a basis of legal knowledge. This public forum does not give you attorney-client privilege. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights and this answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of your case more closely to better advise you.

Asker

Posted

Great! Thank you for laying this out, I'll be calling you!!

Posted

Agreed--you need to retain counsel to help you week through this quite challenging scenario. Good luck.

Please be advised that any answers or information disseminated above do not constitute legal advice and that the attorney responsible for this posting is merely attempting to participate in a Q & A session intended to be helpful but certainly not intended to be legal advice. It is important that you understand that no attorney-client relationship has been formed and that the attorney has no obligation to follow up with you with your legal issue unless you separately contact said attorney and arrange for him to legally represent you.

Posted

Yes, but everyone's comments are right on. You are in technical waters with compliance with Florida's version of the Uniform Foreign Deposition Law, Fla, Stat. 92.251 to have your subpoena be valid in Florida. Get a quality lawyer to work you way through this.
This response is not intended to be legal advice and is offered as general educational information only and should not be relied upon by any individual as legal advice. For legal advice you should employ the services of a qualified experienced family law attorney practicing in the jurisdiction where you matter is or will be pending. The hiring of an attorney is a serious matter and you should not merely rely upon advertisement. Please contact our office and ask for our credentials or check out our web sites for fort Lauderdale family law at www.bhalaws.com and for Broward personal injury law at www.bhapalaws.com

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Asker

Posted

I am filing an application for commission for issuance of out of state deposition subpoena for his two doctor/business partners, custodian of records, and our accountant. Does this sound right? If my Calif Judge signs off, we go to the clerk in Palm Beach county and follow their procedures for service and their authority? At some point I expect to get fees, but I have to overturn a horrible prenup I was forced to sigh without an attorney.

David L. Hirsch

David L. Hirsch

Posted

Your prenup is going to be governed by CA case law rulings. I can help you with FL's view on prenuptial agreements after carefully reading yours and listening to the facts surrounding the signing of it but your ruling will be based upon the law in CA where I assume it was signed. Are you inquiring about that or the procedure for the foreign discovery? This response is not intended to be legal advice and is offered as general educational information only and should not be relied upon by any individual as legal advice. For legal advice you should employ the services of a qualified experienced family law attorney practicing in the jurisdiction where you matter is or will be pending. The hiring of an attorney is a serious matter and you should not merely rely upon advertisement. Please contact our office and ask for our credentials or check out our web sites for fort Lauderdale family law at www.bhalaws.com and for Broward personal injury law at www.bhapalaws.com