Legal Question in Family Law in New York
My preliminary conference was several months ago, and in the Preliminary Conference Order the judge ordered both my spouse and I to exchange numerous documents. I have them prepared but I spent a lot of money on them and I don't want to give them to my spouse until they do the same. Yet our Compliance Conference is coming up and neither of us have exchanged documents between us.
My question is: what will a judge do when neither party has exchange any of the documents that the judge ordered us to exchange? I really could care less if I get any of them from my spouse, and I think that they feel the same way. Could we just proceed to Trial without exchanging any of these documents?
1 Answer from Attorneys
One can only assume that both of you are trying to litigate without attorneys - because if there were an attorney involved the issue of failing to exchange required discovery would be a major issue already. Also, unless your case is extremely unusual it's hard to understand how you could have spent a lot of money on the documents.
If it is unusual and there are significant economic assets at play you should certainly be working with an attorney - failing to exchange documents indicates you're making mistakes that could cause serious problems when you attempt to go to trial.
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