Legal Question in Family Law in Virginia
My wife's attorney will not response to our interrogatories and they are overdue by more than 2 months. She claims that I need to waive my right to her savings, 401k, and retirement accounts first and that I give her $20,000 for attorney's fees to initiate a pendente lite hearing but I have no knowledge of her resources. Her attorney has made a general objection to our interrogatories claiming there are more than 30 questions (although there are 24) and they have filed interrogatories with the same amount of questions that I have 10 days to respond to. They are threatening a pendente lite hearing and by that time, they will have my responses and my company audit completed; and if I don't have her responses I have no way to prove she has assets and the court will make me pay for the audit, attornerney's fees, and heavy alimony. We are filing a motion to compel but we are not sure we will get the reponse to interrogatories by that time given her attorney claimed a scheduling conflict during the time of our motion and continues to do so for the new date. Can I get a forensics auditor or is there any other way of obtaining her financial information before the pendente lite given the lack of information she has provided is going to hurt me badly at this pendente lite.
1 Answer from Attorneys
If by the time of the pendente lite hearing, you still do not have the
infornation which you've properly requested through the discovery process,
then your attorney should be able to secure a continuance in the pendente lite
lite hearing date until you do.