My ex is propelling discovery for a 401K account I have. I am about to send the documents for that account over, but he has not sent the paperwork from his 401K account and was due to send bank statements from a discovery last year. His attorney asked for a 2-week extension to send these, but it has been a year.
He also has a life insurance policy where my child and I were the beneficiaries, which I suspect he removed us from since the divorce started. I would like all of these documents and to propound a discovery in a formal letter to his attorney but need help writing this out and the format to do so.
When I emailed the attorney and asked for these documents, he ignored my email and sent a letter stating I will have to pay his attorney fees if I don’t send my 401K statements.
Can someone help me draft this out? Please, thank you.
I’m not a lawyer, but nothing can force someone to do something without a court order. You would need to file with the court a contempt charge and submit a record of your attempts. You may even want to discuss with the judge/court about rescheduling the divorce date as they are failing to comply with discovery.
I’m on welfare; I can’t afford one. Had one for 5 months, which was pointless because he keeps prolonging the divorce until his criminal stuff is resolved.
Still, you need one. His attorney has no obligation to you, not even to be honest with you about anything. Talk to your old attorney, maybe others, maybe legal aid, and explain that you have little money and the other attorney is purposely delaying in order to run up your bill. See what insights they might have. Going without an attorney is going to wind up badly for you.