Orangeburg, SC asked in Arbitration / Mediation Law and Divorce for South Carolina

Q: When going through divorce, other party doesn't do their part in discovery at all. Is that illegal?

I had family law attorney. My ex said I committed adultery which is false. His attorney said I was barred from spousal and alimony. Yet going on almost a year now no proof shown. My ex didn't do nothing in discovery for mediation. The attorney I had gave him more time to get in. My ex and his attorney failed. Still nothing. My ex also is in contempt some multiple. The attorney I had said he was filing motions yet never did. My ex as well medically neglected needed treatment for our 4 year old son with several disabilities. He also threatened, harassed, cussed out the doctors, and residents. It's all documented. Yet the attorney I had did absolutely nothing for me. My ex has went against judge orders to many times to count. I was treated badly. The attorney I had didn't do nothing for me or my son. I never knew what was going on. I feel and know I was done very wrong and it's caused alot stress that I don't need nor deserve. Attorney also told me to sign agreement which was incorrect.

1 Lawyer Answer
Megan Hunt Dell
Megan Hunt Dell
  • Charleston, SC
  • Licensed in South Carolina

A: Each party has an obligation to respond to discovery under the Rules of Civil Procedure. When one party fails to do so, then the Family Court has to be made aware of the failure (by way of a motion), and then the Court can order the non-compliant party to provide the discovery and issue sanctions under SCRCP Rule 37.

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