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  1. #1
    Join Date
    Nov 2013
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    Default Divorce Completed with No Discovery

    My question involves a marriage in the state of:IA

    No discovery was done before my divorce trial by either side. Is this a big deal? I think the outcome would have been different had it been done. Is there anything I can do?

  2. #2
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    Default Re: Divorce Completed with No Discovery

    What is the impetus for your question?

    If you are expressing regret that you might have discovered something, who knows what, but for your choice to proceed without conducting discovery, what's done is done.

  3. #3
    Join Date
    Nov 2013
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    Default Re: Divorce Completed with No Discovery

    1. Is this unusual for attorney's to not do discovery?
    2. Do I have any recourse as far as a retrial or appeal?

    I don't feel like my attorney did a good job. We didn't meet until 3 days before the trial, so I had no idea what he was going to talk about at trial. During our meeting I found out he'd barely started working on my case yet and there was a holiday on Monday so really when did he work on my case? I believe I lost my case because of poor counsel due to a lot of evidence (which I provided with no feedback from him about what he wanted other than tax returns and pay stubs) that he didn't introduce that would probably have been relevant and done more to prove my case.

  4. #4
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    Default Re: Divorce Completed with No Discovery

    What a lawyer will do will depend on the facts, as well as the client's wants and needs.

    If you choose not to conduct discovery, you should expect to live with that choice.

    How do you "lose" a divorce case? Are you still married?

  5. #5
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    Nov 2013
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    Default Re: Divorce Completed with No Discovery

    Ok, yes I'm divorced, thank God. However, I lost the custody battle by such a large margin it's cringe worthy. I feel like I had a much stronger case than what was presented. He omitted a lot of evidence that ultimately blew up in my face (several nasty emails from her to me, no affidavits from witnesses to support a Police Incidence Report at my work because she showed up and got physical with me while the children were present, several times she kept the kids from me, the fact we had a working informal custody arrangement, my employment history)...there's a lot that was missed on his part. I guess I should've worked harder, but I do think he could have helped point me in a direction. I had no idea what the basis of our case was, even now that it's done I'm not 100% sure what he was trying to prove. I simply dropped off what I could think of as relevant evidence, but I'm not a lawyer so I was merely taking a guess.

    During trial her attorney beat the crap out of me during cross examination, with very few redircts from him to correct or allow me to expand on any answers. Actually, the term I've heard from the lawyer's I'm going to meet next week is that I got "out-lawyered". Never mind the basis of judge's decision is questionable.

    In any case, now I'm grasping at straws trying to find a viable reason to file an appeal (of course I'm going to hire an attorney this week...a new one). So I'm here on this board and a couple others, just trying to figure out what to expect at these consultations. What, if anything, should I be mentioning during the meetings? I understand a rehearing or appeal has very dim prospects.

  6. #6
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Divorce Completed with No Discovery

    Nothing you've said indicates the basis of an "appeal." Being outlawyered isn't grounds for such. Fortunately, child custody actions are pretty fluid. However, "lack of discovery" isn't hardly any indication of anything.

    You're only chance is to get a better lawyer. There's no information presented here that's the basis for anything. A lawyer will have to investigate what can be done to assure the best outcome FOR THE CHILDREN. It's not about you or your wife at this point.

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