Legal Question in Family Law in California

Rules for updating discovery,

In california divorce what are the laws related to discovery . My ex to be has never given detailed information on her assets and income. She always has a reason (exuse)that she cannot provide all the information.Does she have to update her information at certain intervals or when there are changes or only when requested by me? I know that she has taken alot of her assets and had them put into a living trust while we are in the process of this divorce. What are the penalties for not providing this info?


Asked on 1/22/02, 3:35 am

2 Answers from Attorneys

E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Rules for updating discovery,

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, and EDD hearings and appeals, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

Discovery in dissolution actions, remedies, and penalties are covered by the California Discovery Act (look it up) just like any other civil action. However, in dissoultion actions the parties also are required to exchange a Preliminary Declaration of Disclosure (early in the action) and a Final Declaration of Disclosure (prior to concluding the action) containing current financial information. The "final" can be waived; the preliminary can not be.

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.

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Answered on 1/23/02, 12:28 pm
Ken Koury Kenneth P. Koury, Esq.

Re: Rules for updating discovery,

you can do discovery they same way as any other civil case. if she doesnt properly respond you have to go to court to enforce your right to the information

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Answered on 1/22/02, 10:07 am


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