# Interrogatory Response is Past Due



## Kev-N (May 16, 2017)

Let me start by writing, I am trying to get in touch with my lawyer, but haven’t heard back yet.

My lawyer is good, but I like to educate myself, and thus the reason for the post here.

I’m in the middle of a divorce, going on 7 months. I found out that my wife has been seeing another guy since about the 3 or 4 month. (I don’t think she knows … that I know). Since we are technically still married, do you consider this infidelity?

More importantly, I had an interrogatory served to her, asking who she has had sexual relations, since we have been married. The deadline for her responses were due yesterday. 
-	What does this mean to my case?
-	What strategy is her lawyer applying? 
-	What are the next steps?


Thanks!


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## ResignedWife (Jan 20, 2017)

This is strictly my *opinion*, but if you are living separately with ongoing divorce in motion, I wouldn't count it as infidelity unless you can show she was seeing him BEFORE you separated and began divorce proceedings. 

Do I think it is wise to date someone while separated but not legally divorced? No.

As for the interrogatory - I have no idea what the answers to your questions are.


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## Diana7 (Apr 19, 2016)

Kev-N said:


> Let me start by writing, I am trying to get in touch with my lawyer, but haven’t heard back yet.
> 
> My lawyer is good, but I like to educate myself, and thus the reason for the post here.
> 
> ...


If you are still married and she is sleeping with this man its adultery. Does that make any difference to the divorce were you live?


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## Cooper (Apr 18, 2008)

Is infidelity against the law where you live? If it's not what she's doing and who's she's doing it with probably isn't any of your business, sorry but that's life.

Interrogatory asking her to list any sexual relations? I won't pretend to know the law but I can't imagine how you could compel her to answer such a question. I'm interested to hear someone who knows the law chime in on this issue.


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## GTdad (Aug 15, 2011)

Your lawyer can file a Motion to Compel at some point, but if I was him or her, I'd also be showing the judge a lot of correspondence trying to get her lawyer to respond, because judges tend to hate getting involved in discovery disputes and yeah, the question's going to come up as to how that rog is going to lead to the discovery of admissible evidence. There'd better be a good answer.


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## 3Xnocharm (Jun 22, 2012)

ResignedWife said:


> This is strictly my *opinion*, but if you are living separately with ongoing divorce in motion, I wouldn't count it as infidelity unless you can show she was seeing him BEFORE you separated and began divorce proceedings.
> 
> Do I think it is wise to date someone while separated but not legally divorced? No.
> 
> As for the interrogatory - I have no idea what the answers to your questions are.


I agree with this. Unless your state law says otherwise, I'm afraid this isnt really your business at this point since you are proceeding with divorce and (likely) not living together.


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## GTdad (Aug 15, 2011)

Oh yeah, Kevin, do you know whether her lawyer has made a written objection to that rog?


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## Thor (Oct 31, 2011)

Agree with all the above. Once divorce begins then you have declared you no longer consider yourself bonded to the other person. Legally in your location it may matter if she is having sex with someone else before the divorce is finalized, but my opinion is your moral duty to not have sex with someone else no longer applies.

As to the other part, I have no idea why those questions would even be relevant or how one would suppose the response is accurate.


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