Legal Question in Family Law in California

Getting divorced. My wife has an attorney... i do not. Can i request docs from my wife, through her lawyer?? If I request docs, ie. Bank statements, credit card statements, list of vacations taken during last year... Is is my wife's lawyer obligated to provide the docs requested? thank you.


Asked on 3/20/10, 8:53 am

2 Answers from Attorneys

Mark Saltzman, MBA, JD Law Offices of Mark E. Saltzman

If your wife is represented by counsel in a marital dissolution, you may obtain discovery by mailing the requests to her attorney. There are several pre-printed discovery forms for California proceedings. You should check, on line, about the form interrogatories for family law. They are pretty complete and, assuming you get straightforward responses, you should have a good picture of your wife's legal position. You may also send a "request for production of document." There is a format that you need to use, so do your research or check with an attorney.

In every California marital dissolution, there are disclosures that need to be made at the beginning of the process and, if the case does not settle, the disclosures are made again, toward the end of the process.These disclosures include such things as the Income and Expenses Statement.

You may want to look into getting your own attorney. If your wife has an attorney, you are at a big disadvantage, trying to represent yourself. If your wife has the larger income or other financial resources, your attorney may be able to have your wife advance funds to pay your counsel. You may also be able to find a lower priced attorney through a bar association in your area.

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Answered on 3/25/10, 1:51 pm
James Bame San Diego Law Office

Yes if you follow the proper discovery procedures which includes proper and timely service. You may review the civil discovery act and the code of civil procedure, or have an attorney prepare the discovery requests for you. This office can do so for a reasonable fee. Contact me directly.

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Answered on 3/25/10, 2:37 pm


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