Legal Question in Family Law in Connecticut
The state of CT sent me a court form detailing a timeline of when documents should be exchanged between parties of a divorce. For example, financial affidavits were to be exchanged by August 31, 2012. I sent mine to my spouse's lawyer and have not gotten a copy of her financial affidavit. Are those dates firm? Or will this lawyer just show up to court in November with the documents without feeling to need to send them to me? I don't have a lawyer so I'm wondering how to compel them to comply if those dates are in fact firm.
2 Answers from Attorneys
The dates are firm in the sense that since the lawyer missed them, you can file certain motions against him which will screw up his trial strategy unless he complies. For example, you could file a motion to preclude him from introducing her financial information into evidence at trial because he didn't provide you with the affidavit. There are a host of other motions you could use against him. That's what you hire a lawyer for.
It sounds like you are referring to a "case management agreement." This is not sent to you by the State of CT. It's agreed upon between you and her lawyer.
Usually those dates are not firm. I don't know a lawyer who complies with the dates on a case management agreement. Nevertheless, you should file a motion with the court demanding that she turn over what you turned over in compliance with the case management agreement. Do not wait until her lawyer gives you her information. Seek out a court order by filing a "motion to compel."
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