QUESTION

Assets Disclosure - File a Court Order?

Asked on Apr 20th, 2016 on Divorce - Nevada
More details to this question:
I have a divorce lawyer but I am kind of getting distrustful whether he wanted to make money from me or not. My husband defaulted already because he was late in filing his response for my counter claim for statement of defense. if my husband defaulted already, should the lawyer inform the judge? What should my lawyer have done in that situation? I am considering looking for another lawyer that is why I am asking lots of questions bec. I am not sure if my lawyer is just wasting my money. Secondly, my husband did not disclose all his bank statements and other stuff. My lawyer said that he wanted to question my husband. I told my lawyer to, just file a request from the court to order my husband to disclose his properties (bec. I do not pay the judge). If my lawyer will question my husband, I will spend 3,000, so why my lawyer is insisting that he will question my husband, instead of just file to the court a request so that the court will order my husband to disclose all his prop.
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1 ANSWER

Family Law Attorney serving Las Vegas, NV at Willick Law Group
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This has already been responded to, in part -- just because a party is told to do something by a judge does not mean that he will actually do it.  The court rules already require full disclosure, so obviously further action is required to get compliance, and sometimes being able to question someone directly is the fastest, most efficient means of getting the desired information.  Sometimes not. People are late with filings all the time; not permitting an opponent to correct a deficiency usually just leads to greater expense and delay on both sides, since a motion to be allowed to do so will almost always be granted (there is public policy requiring, wherever possible, decisions to be made "on the merits" -- i.e., allowing both parties to have their say and state their positions before a decision is made).  So no, you do not "inform the judge" when someone is late; you can file a default, and move toward a default judgment, but if the other side attempts to correct his error/late filing, it should be permitted.
Answered on Apr 21st, 2016 at 8:35 AM

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