X won't turn in documents, and the courts don't seem to care

[MomFromCT]

Jurisdiction

Connecticut

The papers were filed for divorce nine months ago. I turned in everything on time (discovery, affidavit).

1. The court ordered the X to turn in documents in the spring, or they would start paying my lawyer fees.
2. The day of court, the X turned in some discovery documents and an almost entirely blank affadavit that I suspect is missing substantial amounts of assets.
3. The judge looked at this very incomplete discovery and empty affadavit, and rather than order the X to pay my lawyer fees (as a previous judge ordered), told me I could pursue this in another (expensive) court date.
4. Months ago, I submitted motions for the court to compell the X to turn in all the documents and provide a truthful and complete affadavit... but the court has not done anything. The motions just sit there.

I am running myself into debt trying to compell my X to do the things the law says they should do, and I am now self-represented.

How do I get the CT courts to notice my motions or schedule a court date?

 

[zddoodah]

You said you have a lawyer, and these are questions you should be asking him or her - especially since your lawyer knows the timeline, and the only thing you told us is that you filed for divorce nine months ago. FYI, to the best of my knowledge, no lawyers admitted in Connecticut frequent these boards.

 

[MomFromCT]

You said you have a lawyer, and these are questions you should be asking him or her - especially since your lawyer knows the timeline, and the only thing you told us is that you filed for divorce nine months ago. FYI, to the best of my knowledge, no lawyers admitted in Connecticut frequent these boards.

Thank you for your reply, but I am currently self-represented.

 

[adjusterjack]

How do I get the CT courts to notice my motions or schedule a court date?

What is it that your husband wants that you don't want to give, or vice versa?

The reason I ask is because I used the same tactics during my divorce. Ignore court orders, delay, delay, delay, until she choked on the money she was paying her lawyer. When she agreed to settle with me, it was over in a week.

 

[MomFromCT]

What is it that your husband wants that you don't want to give, or vice versa?

The reason I ask is because I used the same tactics during my divorce. Ignore court orders, delay, delay, delay, until she choked on the money she was paying her lawyer. When she agreed to settle with me, it was over in a week.

I simply want a true accounting of our finances before entering negotiations... Which automatic court orders seem to already demand. Right? Did you experience any consequences for ignoring court orders?

 

[adjusterjack]

I simply want a true accounting of our finances before entering negotiations...

Don't you have those records?

Did you experience any consequences for ignoring court orders?

No. Just threats. But, like yours, my court was also complacent.

 

[zddoodah]

I am currently self-represented.

Then this statement in the original post doesn't make sense: "The court ordered the X to turn in documents in the spring, or they [sic] would start paying my lawyer fees." Why would the court make such a statement if you are self-represented?

One of the hardest things for self-represented folks to deal with is procedure and court rules. Those things are generally not intuitive and seem arbitrary. I'm guessing you're having issues with procedure, and that's what's causing the court not to do what you want.

I strongly recommend that you consult with and consider retaining a local family law attorney.

 

[army judge]

Can a spouse be ordered to pay for legal fees in a Connecticut divorce?​

Yes. The court has the authority to order either one spouse or both spouses to pay attorney's fees and miscellaneous court costs.

Pendente Lite Legal Fees
{The term pendente lite is a Latin term that translates to mean "pending the litigation." For example, pendente lite is used to describe court orders that are put into effect while litigation is still pending, in order to facilitate fair administration of justice. Pendente lite orders are most commonly issued in divorce actions. In divorce actions, pendente lite orders are typically issued to provide temporary support to the spouse who makes less money, in order to get him or her by until a permanent order can be made. To explore this concept, consider the following pendente lite definition.

Definition of Pendente Lite

Pronounced

pen-den-tay- lee-tay

Noun

1. During the suit; while litigation continues}

While the case is pending, the court may order one spouse to pay the reasonable legal fees of the other spouse. The payment of legal fees at this stage is called pendente lite legal fees. This typically occurs when there are sufficient funds in the marital estate but those funds are within the sole control of only one spouse. The rationale is to make sure that the rights of both spouses are protected and that neither spouse is denied the opportunity to retain an attorney.

At the conclusion of the case, the court also has the authority to order the payment of legal fees; in whole or in part. The court considers the same factors as in an alimony determination. However, the request for payment of legal fees often requires balancing the respective financial abilities of the spouses (including the ample liquid funds of a spouse to pay their own fees) with the notion that requiring a spouse to pay legal fees should not undermine the other financial orders of the divorce judgment.

Read here for another relevant blog: Legal Fees in a Connecticut Divorce

I represent clients in Connecticut Custody Application proceedings through out Fairfield County including Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford and Greenwich.

Please email me or call me in Stamford at (203) 356-1475 or in Fairfield at (203) 259-5251 to schedule a consultation concerning the payment of legal fees in a Connecticut divorce.

Can a spouse be ordered to pay for legal fees in a Connecticut divorce?

Need your spouse to pay your divorce legal fees? Call Brian D. Kaschel for a consultation today. Fairfield (203) 259-5251 or Stamford (203) 356-1475.

www.briankaschel.com

 

[Zigner]

Then this statement in the original post doesn't make sense: "The court ordered the X to turn in documents in the spring, or they [sic] would start paying my lawyer fees." Why would the court make such a statement if you are self-represented?

In the past, the OP was represented. In the present, the OP is not represented.