Subpoena of Records

[Rory]

If you subpoena records from your spouse what is the time line for when the records have to be turned in the other party. I heard that once it is filed the opposing attorney has 10 days to deny/accept then 30 days to produce. Is this correct?:?

[Divorce Attorney Iken]

That is not the mechanism you should use to get records from the other party in a divorce. It is for a non-party.

For an opposing party you simply mail the other side a "Request to Produce." They have 30 days to respond.

Attorney Howard Iken

[Rory]

If my mediation is within the 30 days, will I still need to produce the documents that he is requesting? I have filed my FA months ago and now he wants addedccard records.He has been very difficult during this process that he started and I had to file requests to get everything W2 etc. I just want to know if I have to produce these extra records.

[Divorce Attorney Iken]

Ultimately you must always comply. But there are always different degrees of compliance.

One tool you should use: whatever discovery requests you receive - immediately send a mirror request back at them. If they dont comply - you dont comply. It is difficult to enforce discovery requests when your own client has not complied.

Anything you receive, white out the names and reverse them. Copy and serve it back on them.

[FWOS]

That is not the mechanism you should use to get records from the other party in a divorce. It is for a non-party.

For an opposing party you simply mail the other side a "Request to Produce." They have 30 days to respond.

Attorney Howard Iken

If a request to produce has been mailed and opposing party still does not comply, three supenas were sent and two fall under federal jursidiction. I have not received any documentation from the two other entities and have been advised I need to go to federal court or the domestic court in which the entity resides. Legal fees have gotten very expensive and it is now 6 months later and opposing party has submitted a 3rd revised financial affidavit with only some of the documentation stating I can pay to get the rest. What next?

[Attorney Howard Iken]

I am not sure what you mean by the last post. But it sounds like this has gone beyond the point where you can effectively do it yourself.