My question involves a marriage in the state of: Maryland
My soon-to-be ex-husband and I have been separated for nearly a year. A quick version of the case: grounds are adultery (proven), custody at stake for a very young girl (under 2 years old), no property owned, he is going after retirement portions.
My attorney sent discovery to their side on time. She never received discovery from them at all, so she filed a motion to compel. Shortly afterward (literally maybe a day or so), his attorney filed a "motion to strike appearance" (it has not yet been granted but counsel seems to think that it will be, as the trial is not expected to begin until summer, if it gets that far). My attorney has sent 2 "good faith" letters and has consistently attempted to get in touch with his counsel, all to no avail. She has recently stated that she will now file a motion with the court for "appropriate redress" - whatever that means.
He has never responded to anything that was sent. Not one word.
At this point, I do not know exactly what is going to happen. What is the next step in the process? I asked my attorney if he could file for a postponement; she said he could, but it was unlikely to be granted because the case has already drug on for over a year (since last July) and our daughter "has been through enough". I can only surmise that he would either 1. have to get another attorney (which I know he can't afford, he had problems paying the one he had), 2. represent himself in court (he'll get slaughtered), or 3. capitulate to what I'm asking for (I don't see him doing that).
If he ignores the motion to compel, what happens next? I assume that "redress" means sanctions, but I don't know what they'd entail. I've read everything from paying my attorney's fees for the period of time that he failed to produce discovery, to possible contempt of court and jail time.
Is anyone familiar with this process? Thanks in advance.
My soon-to-be ex-husband and I have been separated for nearly a year. A quick version of the case: grounds are adultery (proven), custody at stake for a very young girl (under 2 years old), no property owned, he is going after retirement portions.
My attorney sent discovery to their side on time. She never received discovery from them at all, so she filed a motion to compel. Shortly afterward (literally maybe a day or so), his attorney filed a "motion to strike appearance" (it has not yet been granted but counsel seems to think that it will be, as the trial is not expected to begin until summer, if it gets that far). My attorney has sent 2 "good faith" letters and has consistently attempted to get in touch with his counsel, all to no avail. She has recently stated that she will now file a motion with the court for "appropriate redress" - whatever that means.
He has never responded to anything that was sent. Not one word.
At this point, I do not know exactly what is going to happen. What is the next step in the process? I asked my attorney if he could file for a postponement; she said he could, but it was unlikely to be granted because the case has already drug on for over a year (since last July) and our daughter "has been through enough". I can only surmise that he would either 1. have to get another attorney (which I know he can't afford, he had problems paying the one he had), 2. represent himself in court (he'll get slaughtered), or 3. capitulate to what I'm asking for (I don't see him doing that).
If he ignores the motion to compel, what happens next? I assume that "redress" means sanctions, but I don't know what they'd entail. I've read everything from paying my attorney's fees for the period of time that he failed to produce discovery, to possible contempt of court and jail time.
Is anyone familiar with this process? Thanks in advance.
Separation: Motion to Compel Ignored
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