Legal Question in Family Law in Washington

Failure to answer interrogatories

Time and again my soon to be ex-husband has not answered interrogatories or disclosed financial documents. He has had 5 opportunites to do so (interrogatories and a request for admissions). When he does answer questions, they contradict previous statements on interrogatories. He has only supplied a few financial documents and the rest he says he does not have, know where they are, does not have documents that dont exist, cant remember. the ''lack of discovery'' has been admitted by his own lawyer in correspondence. Yet after spending several months trying to gain information (that I know for a fact he has) the judge said the burden of proof was on me (I gained alot of information and documentation but there were two accounts that I couldn't obtain information for. This does not seem right and because of his obstructionist ways I have incurred huge legal bills. What can I do and why is the burden of proof on me when I cant legally obtain that information? Thank you for your time.


Asked on 7/27/05, 3:28 pm

1 Answer from Attorneys
Christopher Steuart IT Forensics, Inc.

Re: Failure to answer interrogatories

It is difficult to answer general questions when the answers are dependent on the the factual details. It appears that you or your attorney have done a motion to compel, which is the correct approach to an opposing party who will not respond to relevant interrogatories. There may also be alternative ways to obtain documents. As to the statement that the judge said the "burden of proof is on me," it is unclear as to the context and what it refers to.

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Answered on 7/28/05, 6:35 am


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