Legal Question in Family Law in Georgia
request for production of documents
My spouse and I have been separated for 3 yrs. He filed for divorce in May, and changed our court date without notifying me. He has now requested production of documents for the last four years. Am I legally bound to disclose this information to him? If so, what is the time-frame? Can I legally object? If so, under what statues? I am working two jobs to provide for our 3 children for which he provides not even minimal support. What can I do? Pls help me.
2 Answers from Attorneys
Re: request for production of documents
Requests for production are normal in divorces. They must be answered within 30 days. I gather that you are not represented by counsel, and you need to be represented.
Plaintiffs do not set contested court dates; courts do. If you have not filed proper answers and pleadings, you may not get notice of such changes.
Re: request for production of documents
If the pleading seeking the documents is called a Request for Production of Documents, you have about 30 days (33 if served by mail or 45 if served with the complaint)to respond in writing and produce the documents. If it is a Notice to Produce, it is similar to a subpoena and requires production of the requested documents at any court hearing or depostion, regardless of whether those proceedings are less than 30 days away.
While there may be some basis to object (psychologist-patient privilege, for example, if he is seeking psychological information), the fact that you have been separated or that he has not been providing sufficient support is not a proper basis to object. The financial condition of both parties is relevant to many issues in a divorce case, including setting child support, alimony, division of property, and you will be required to provide those sorts of financial documents. The good news is that so will he.
You need to hire an attorney to protect your interests in this case. If you do not, you may not receive notice of any other court hearings, including the final trial of the case. He or she should file an answer and counterclaim, and serve a set of discovery requests on your husband.