Legal Documents


#1

Dear concerned2:

Greetings. You need to obtain the information. If there is a cost associated with the same, have your attorney negotiate for the payment of the cost so that he pays it or you split it. If you want to pay hardball, have your attorney send over a letter that tells him he has equal access and if he wants to try to prove waste of the marital assets that he can obtain the documents.

If your husband is delusional, you need a flat fee attorney so that you can stop the “blood letting” that hourly attorney fees can be. Maybe you can tell the rest of the readers of our forum how hourly attorney fees work? Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorcecom
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

My attorney is on vacation, but before he left he forwarded a letter from my soon to be ex’s attorney. Since my attorney is unavailable, I hope you can help answer my question.

My ex has this idea that I “wasted” all the marital assets way before our separation date. He is trying to lower his equitable distribution liability. He left the family the first time in Oct 2001, we tried to reconcile a year later, but drugs and alcohol were too important to him, he left again in Aug 2003. We both made good money, but like most families, we spent most of it on the three kids. I never spent any large amounts of money on myself.

His attorney is requesting that I produce 5 years worth of documentation on checking accounts, including cancelled checks, statements, and registers. I only have documentation dating back to August 2001. I have no documentation before that date, also before that date, the accounts were in both our names.

I’m sure that his attorney is trying to prove that I spent marital money irresponsibly; they will be disappointed to see the bulk of the money was paid to Food Lion!

To what extent do I need to go to get this documentation, shouldn’t my ex have some responsibility to produce these same documents since the accounts were also in his name? I am sure the info they are looking for no longer exists, and we would have to go to the bank to re-produce the statements/check copies at a tremendous cost. Who would be responsible for this cost?

This is only a small piece of what is being asked of me, at what point does someone see that the man is delusional and is wasting everyone