DIY Divorce: Divorce Hearing, Take One

Written by Misty Dawn

What I thought was going to be an in and out and I get my way hearing had a few more steps. All of the months that my husband and I were still somewhat communicating, I tried on more than one occasion to get his check stubs and of course, he wasn’t compliant except once. Not enough for what I was looking for in the divorce.

A learning experience in the books for subpoena power.

On the plus side, I know the two places my husband is working for and filing the paperwork will be free. Due to already having indigent status with the courts, all I have to do is send them to his employers. I should have taken care of this step sometime in July to have it ready for the final hearing.

Hindsight tells me this would’ve been a lot quicker had I taken care of these steps earlier but there was no one reminding me of the steps.

So save yourself some trouble! If you don’t have check stubs, have tax returns, or anything to prove the amount your spouse gets paid, think ahead and file a nonparty subpoena* to produce records also called Subpoena duces tecum. Since he is in default he hasn’t produced anything and I should have thought better than to trust him.

*Editor’s Note: According to Cornell University Law, “under rare circumstances, a nonparty witness might have a ground for seeking a protective order under Rule 26(c) with regard to the manner of recording or the use of the deposition if recorded in a certain manner. Should such a witness not learn of the manner of recording until the deposition begins, undesirable delay or complication might result. Advance notice of the recording method affords an opportunity to raise such protective issues.” It is defined by the dictionary as “a writ ordering a person to attend a court and bring relevant documents.”

While in court, the general magistrate said some things to me that had me going back through statute on spousal support and since the law is the law I have to prove what laws I deserve the spousal support under. I have the law and now I need the proof that he can afford it. He will never be someone I can count on as he has never been in the last 12 years and continues to not be now. I will be working on that next week and I will write about that in this series. Think about the empowerment when this is all over with.

Enjoying this series? You might also be interested in our sister site, Divorce Your Narcissist

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