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?
2 Answers from Attorneys
Re: Rules for updating discovery,
Dear Inquirer:
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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.
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