i was served divorced papers that stated no fault and now a few months latter I was given questions they want me to answer that are implying I had an affair, and want to know if I am with someone new now. Can these types of questions be asked if the divorce is filed as no fault?
The rules of discovery permit each side to send interrogatories (questions) and requests for the production of documents to gather information pertinent to the case. If the information they seek is relevant to issues in the divorce, then, yes, they can ask these questions. Not knowing more about your situation and what is involved in your divorce, it is difficult to tell whether the questions you are inquiring about are relevant. I suggest you contact an attorney for assistance. Best of luck.
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The questions must relevant to the case and likely to lead to the discovery of admissible evidence. Depending on the question, the answer may be appropriate if your spouse is trying to determine if you spent money on an affair. You should consult with a lawyer. Best wishes.
The questions you are referring to are likely "interrogatories" which are a permissible means of discovery in divorce cases. The subject matter can vary, but more often than not has to do with finances and parenting ability if there are children involved. Even though you may not think it is relevant, questions about an affair may be if marital assets were spent on a girlfriend or boyfriend...even if it is a no-fault divorce. Depending on how the questions are phrased, they may be objected to, but you would have to speak with a lawyer about this. Best of luck
All discovery requests must be relevent to the underlying action. A party cannot conduct a "fishing expedition" meaning creating a cause of action through the use of discovery. That being stated, a discovery request is usually permissible if it is even remotely tied to the present action.
No answer provided by this attorney in this forum is to be considered legal advice. No attorney-client relationship is created in responding to this question, and advice provided is based solely on very limited facts presented, and therefore may not be correct. You are advised that it is always best to contact a competent and experienced with the practice of law in the county in which you reside.
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