Legal Question in Family Law in Georgia

Am i required to produce my text messages, facebook data, etc if I was requested in a divorce case? It says that if I do not answer my objections will be waived. I do not feel like this is relevant and do not wish to give these documents. There was simply a request, not a demand.


Asked on 4/07/15, 1:30 pm

3 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

First of all yoiu need a lawyer. You have as much chance of your divorce going well without one as you have of doing a root canal without a dentist. Discovery is NOT a request. It is required. The failure to produce timely discovery can and usually will mean your pleadings can be struck, the court can make you pay attorneys fees to the other side, and, if you persist in your refusal, and you cannot refuse, you can be put in jail and kept there for contempt until you comply. Text messages and online activity can be very relevant in a divorce, and saying it is not reolevant, you have now told the other side they have very good reason to dig more. So number one, spend tommorow finding an attorney. And be sure that your attorney files your discovery ontime. (Note that it is possible that some PARTS of discovery may be subject to objection, and your question shows that you also do not know how to make those objections, which you are about to waive by not knowing the civil practice act).

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Answered on 4/07/15, 3:37 pm
Ralph Villani VILLANI LAW FIRM

Glen is absolutely correct

You do not know the law, especially GA Code Sec 9-11-26 et seq (a/k/a the "Discovery Rules")

Hire a lawyer IMMEDIATELY

The cost of competent counsel may be less than the sanctions you might be facing doing it pro se and following your own advice.

If the Judge finds you in civil contempt, you could sit in the County Jail until you purge yourself (i.e., pay the amount of the Court Order in full) and your incarceration can last months if you refuse to pay the purge amount in full!!

Good luck

Ralph (770.985.6773 -- answered 24 x 7)

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Answered on 4/08/15, 4:21 am
Tahira Piraino Tahira P. Piraino

I can tell you facebook, text messages, email, etc. are usually relevant. If you have nothing to hide, why would you even care? You need to produce what you can. I agree with Mr. Ashman and Mr. Villani, you need an attorney, especially as it appears your spouse has one.

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Answered on 4/08/15, 10:25 am


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