Legal Question in Family Law in California
what's the first step in procedures when no attorneys are involved yet and don't want to at this point. we exchanged the initial papers in the first thirty day window to avoid default on my end as respondent. she sent me her banking items (incomplete) mortgage papers,ect. in pre discovery. she also claims her stuff (very vague and incomplete inventory of stuff that remains in her household) and has put my stuff in a column and the community in a third one. The ownership of what I believe is community prop is a third co started and operated by both of us and the money was co mingled . she had the checkbook in her name only to prevent my first wife from attaching it for child support. What should I ask for in discovery from her or do i reply with what I believe is mine hers and community property. I want the business records she has possession of to be gone through so it shows we ran that together and those funds were used to pay for the household stuff and mortgage payments. what sequence should I follow for getting the documents from her?
2 Answers from Attorneys
It sounds like you are doing your disclosures. If you do not want attorney's involved then you need to act as your own attorney. In that case you need to make requests for documents and put them in writing. If she does not agree, or you think she has not given you everything then you would need to undergo formal discovery to receive those documents and subpoena her accounts. I would be careful though as that may trigger the other side to hire an attorney and start to go the legal route. I would read up on the law at your local law library to determine how to do a do it yourself divorce.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
Pick up a copy of How to Do Your Own Divorce In California, by Nolo Press. Read it, and then follow up with the Family Law Facilitator in your county regarding how to complete forms and handle filings. If that does not answer your questions or you find it confusing, either the two of you should hire a family law mediator to help you work through the details and come to an agreement, or you need to consult with an attorney. My firm provides mediation services if you are both interested in going that route, and we have mediation confrence facilies in Sacramento. The other alternative to hiring an attorney for the whole case is to find an attorney who offers limited scope representation.
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