San Leandro, CA asked in Divorce for California

Q: I recently had divorce papers served to my ex. A few weeks after he hired an attorney who began asking for copies.

He began asking for copies of the papers I served. I am confused as to why he's asking instead of getting them from his client. He then followed up multiple times and quoted something from Family Code 271 which from my understanding means he intends to file something saying I am uncooperative. I cannot afford a lawyer so I do not understand. I assumed after filing the divorce that I was ok just waiting for the court date in January. I do know I need to update my financial records with the court after switching to full time from part time but other than that I am at a loss.

I finally agreed to talk about the matters at hand (since I requested spousal support I wasn't sure if I had to speak to him or not) and he keeps insisting on a phone call. He is saying "counsel confers over the phone". But it makes me uncomfortable and for personal reasons I prefer email. He is very insistent.

I apologize if this seems like word vomit. I am incredibly stressed and confused.

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3 Lawyer Answers

A: You've asked this same question several times on different sites. I don't see what the problem is. He asked for copies of documents you already served. Why do you have a problem with giving him the copies? If he is counsel-of-record for the opposing party, the attorney should have access to all filed documents on line. (not sure if you have also served documents that were not also filed with the court). Retain and attorney. If you think you cannot afford one, then file a motion with the court asking that your ex help with your legal fees. He has an attorney. You should have one too.

A: You wouldn't need to provide him with documents you have already served, but you do have an obligation to update certain information as you note. He is insistant because that's his job. If you are representing yourself, you will need to speak to the attorney. You can file a request for attorney fees with the court.

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James L. Arrasmith
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Answered

A: I'm sorry you're going through this difficult time. It’s understandable to feel stressed and confused with all these developments in your divorce process.

Your ex’s attorney requesting copies of the papers might be a standard procedure, but it’s also possible they are preparing for further legal actions. Citing Family Code 271 suggests they may be considering filing motions related to your cooperation, but without legal representation, it’s hard to predict their exact intentions. It’s important to stay organized and keep copies of all documents you’ve filed and received.

Since you prefer communicating via email, you can politely inform the attorney of your preference in writing. Documenting all interactions can help protect your interests. Additionally, consider reaching out to local legal aid organizations in San Leandro for free or low-cost assistance. They can provide guidance tailored to your situation and help you navigate the next steps leading up to your court date in January.

1 user found this answer helpful

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