My husbands attorney sent me papers asking for me to send her a lot of paperwork. pay stubs, tax info, etc. I do not have a lawyer. Do I have to send her this information? If I dont will I be in legal trouble? I'm not even sure what she's a ...

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My husbands attorney sent me papers asking for me to send her a lot of paperwork. pay stubs, tax info, etc. I do not have a lawyer. Do I have to send her this information? If I don't will I be in legal trouble? I'm not entirely sure what she's asking for. What can I do without a lawyer to protect myself?

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DakotaLegal's picture

 

 
Usually, these sorts of requests come with a discovery order, signed by a judge after a case has been filed. From what you’re saying, there hasn’t yet been a filing for divorce? The first answer is that you don’t generally have to answer any demand from a lawyer without (a) an actual suit being filed along with (b) a judge’s order. Some of the key words you will use in deciding whether to answer or provide written records will be: “relevant” and “burdensome” and “vague” and “material”
 
I do urge you to check local court records, and find out if there have been any court filings regarding your husband. It’s not uncommon for one partner who gets legal help first to have been planning the divorce, or property division, for some time. To do this, go to your local county court system on-line and enter your husband’s name. Here’s an example for Palm Beach County…http://www.mypalmbeachclerk.com/courtrecords.aspx and you can find your local circuit court here: http://www.flcourts.org/courts/ circuit/circuit.shtml.
 
Two things you’ll have to decide are whether and how much to co-operate. While I’m guessing this is a separation or divorce case, that’s never certain. For example, it could be a dispute between two former business partners, who happen now to be separated spouses. Are you intending to fight this out as much as possible, and make it expensive for your husband? This question doesn’t meant the fault lies with you: it’s just as possible your husband is using a lawyer right now to try to “shake you up,” or even trying to “shake you down.” Getting a discovery or document request does mean you need to start planning your strategy, and the amount of cooperation you plan is important. And frankly, there may be documents you don’t want discovered.
 
So while you seem safe from any legal trouble from a court right now, by not answering, based on what you have said here, you may still face some legal trouble if you do answer. For example, if you surrender information now, you may be putting yourself in a weaker position later, if you later decide you don’t want to give up information freely. What you give up now may be misleading and/or damaging to you.
 
So look for some affordable legal help even before you give any response. Since your husband now has a lawyer, you may also want to decline to discuss the case on the phone or through e-mails with him…any communication may come back to haunt you. If you are on a limited income, try asking for help here: http://floridalawhelp.org/. To learn the basic rules about family law: http://www.firstjudicialcircuit.org/programs-and-services/family-law/family-law-pro-se-self-help.
 
Grounds For Refusing To Answer or Not Providing Documents
 
You also mentioned “not understanding” what is being asked for, and that the records request is not clear. This alone often justifies not sending any written materials except a statement that the request is vague. The lawyer on your husband’s side needs to be clear and relevant when they ask you for information. They are discouraged from mere “fishing trips” to get information from you. You will have a right (once a case is filed) to object to certain requests for information. Other pointers will include how to REASONABLY object to these requests…e.g., perhaps because they are too expensive (your husband may have to pay for the costs of getting the information) or you may be able to simply, accurately say, “I don’t recall” or “Only to the best of my recollection.” The documents may not be in your possession or control. For other tips, see http://www.flmb.uscourts.gov/information /documents/discoveryhandbook.pdf.
 
If you want to cooperate completely, regardless of there being an actual court order to produce, you have rights you still can choose not to answer requests that are meant to be burdensome or that are irrelevant.

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DakotaLegal's picture

 

 
Usually, these sorts of requests come with a discovery order, signed by a judge after a case has been filed. From what you’re saying, there hasn’t yet been a filing for divorce? The first answer is that you don’t generally have to answer any demand from a lawyer without (a) an actual suit being filed along with (b) a judge’s order. Some of the key words you will use in deciding whether to answer or provide written records will be: “relevant” and “burdensome” and “vague” and “material”
 
I do urge you to check local court records, and find out if there have been any court filings regarding your husband. It’s not uncommon for one partner who gets legal help first to have been planning the divorce, or property division, for some time. To do this, go to your local county court system on-line and enter your husband’s name. Here’s an example for Palm Beach County…http://www.mypalmbeachclerk.com/courtrecords.aspx and you can find your local circuit court here: http://www.flcourts.org/courts/ circuit/circuit.shtml.
 
Two things you’ll have to decide are whether and how much to co-operate. While I’m guessing this is a separation or divorce case, that’s never certain. For example, it could be a dispute between two former business partners, who happen now to be separated spouses. Are you intending to fight this out as much as possible, and make it expensive for your husband? This question doesn’t meant the fault lies with you: it’s just as possible your husband is using a lawyer right now to try to “shake you up,” or even trying to “shake you down.” Getting a discovery or document request does mean you need to start planning your strategy, and the amount of cooperation you plan is important. And frankly, there may be documents you don’t want discovered.
 
So while you seem safe from any legal trouble from a court right now, by not answering, based on what you have said here, you may still face some legal trouble if you do answer. For example, if you surrender information now, you may be putting yourself in a weaker position later, if you later decide you don’t want to give up information freely. What you give up now may be misleading and/or damaging to you.
 
So look for some affordable legal help even before you give any response. Since your husband now has a lawyer, you may also want to decline to discuss the case on the phone or through e-mails with him…any communication may come back to haunt you. If you are on a limited income, try asking for help here: http://floridalawhelp.org/. To learn the basic rules about family law: http://www.firstjudicialcircuit.org/programs-and-services/family-law/family-law-pro-se-self-help.
 
Grounds For Refusing To Answer or Not Providing Documents
 
You also mentioned “not understanding” what is being asked for, and that the records request is not clear. This alone often justifies not sending any written materials except a statement that the request is vague. The lawyer on your husband’s side needs to be clear and relevant when they ask you for information. They are discouraged from mere “fishing trips” to get information from you. You will have a right (once a case is filed) to object to certain requests for information. Other pointers will include how to REASONABLY object to these requests…e.g., perhaps because they are too expensive (your husband may have to pay for the costs of getting the information) or you may be able to simply, accurately say, “I don’t recall” or “Only to the best of my recollection.” The documents may not be in your possession or control. For other tips, see http://www.flmb.uscourts.gov/information /documents/discoveryhandbook.pdf.
 
If you want to cooperate completely, regardless of there being an actual court order to produce, you have rights you still can choose not to answer requests that are meant to be burdensome or that are irrelevant.

RJasondeGroot's picture

Yes and Yes

Yes and Yes

Yes, you have to send the information requested, and yes you will be in trouble if you do not. There are ways to object to certain requests, but only an attorney is going to know how to do that properly. If you do not comply, you can be made to pay part or all of the attorney's fees. You can also lose your case.