Unable to produce discovery documents

Sat, 04 Feb 2012 12:49:07 -0600

How do the courts view things when I can't produce documents for discovery. My wife has removed many documents from the house including leases on property that is in my name. I have provided all documents to date that I have in my posession, yet they ask for the impossible. I can't produce documents that she has taken. I can't produce credit card statements that were never mailed to me because there was no activity in the accounts. She is hiring a forensic accountant to prove I have hidden money....good luck....all deposits and withdrawals are well documented. I have several questions:

1) If I can't produce documents because she took them, does the court view me as being untruthful?

2) When the forensic accountant finds that everything is squeaky clean just as I have said, do I still have to pay for half of that?

3) If the judge awards me half of her 401k, do I have to take it?

I really could care less about number 3 but told my attorney to go for it because I keep finding personal information of mine that she took in the recycle bin. Things like printouts with my SS#, DOB, and such that she printed off from her laptop. Credit card statements that she took out of the mail before I started having them sent to a p.o. box. If I am awarded the 401k, I will try and turn it down because a) I don't really need it and b) hopefully it will help to smooth things out with my four kids. I'd rather have a good relationship with my kids than the money any day of the week. Thanks.