Skip to main content

How can I get access to the monthly bank statements of the other party during the divorce process?

San Jose, CA |

I have filed for my divorce and I need to get access to the other party bank statement during our marriage because I believe he put some of our marital funds like wedding gifts and etc into his own account but he is denying and is unwilling to show me his bank statement after the wedding date, how can I legally get access to his account statements? should I file a motion or send him a written request first? plz help me he also withdrew all the money from the joint account and left me with no money

+ Read More

Attorney answers 5


You can do a Request for Production of Documents. You may need the help of an attorney to do this as it is not a form. Or, go to the Santa Clara County Law Library in downtown San Jose and look it up. There are a number of technicalities to deal with.

Michael is in San Jose, California and can be reached at 408-295-4232 or at Consultation fees, rates and retainers vary based on need and ability to pay.


I agree with my colleague. Depending on how much money is involved, it will probably be worth it to retain an affordable divorce attorney. Also, it may be possible to have the court award attorneys' fees, ordering your husband to pay. However, you will need to consult with a family law attorney to discuss the details if this is possible.

This communication does not create an attorney-client relationship. This means that I am not your lawyer and I will not appear in court simply by posting on this site. If you would like me to represent you, you must call my office, sign a written fee agreement and pay a legal fee, assuming I do not have a conflict of interest and you are in Southern California. If I respond to your question and you have follow up questions by posting on this site, I may or may not reply. This information should not be construed as legal advice. I am offering my opinion. Each person's case is unique, and that's why you should contact a lawyer over the phone for a consultation for your situation. That's why you should not rely on any response that an attorney posts on this site. I am licensed in California. I am not licensed in another state or country. I do not practice law outside of California.


Accord with Mr. Schwerin's response. Prepare and have served on your spouse a Request to Produce (otherwise known as an Inspection Demand). Your alternative is to prepare and have served on the bank and your spouse a Deposition Subpoena and a Notice to Consumer. This has highly technical requirements for content and timing, so you would best retain an experienced Family Law Attorney on at least a Limited Scope basis to perform your discovery and handle the Subpoena and Notice to Consumer.

Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.


I suspect your drive to the Kennedy Law Library should be pretty much a shot in the dark. The Request to Produce is not a pre-printed form and unless you have some legal experience it will be very difficult for you to get through the process. In all probability he won’t respond, in any event you could end up in an even more complex area of enforcement of the discovery act. You really need to subpoena the records from the financial institutions. It’s really the path you want to take, yes, you probably need legal assistance. At a minimum get a referral from the Santa Clara Bar Association and get 30 minutes assistance from a experienced family law lawyer.

This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client relationship by providing said information to you on this site. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Law Offices of John N. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service.

David Alexander Yomtov

David Alexander Yomtov


I agree that a subpoena would probably be the quickest way to get the documents in question.


In San Jose, if you wish to have a competent process server (nonattorney) assist you with preparation of the subpoena so that it satisfies legal requirements, you should contact County Process. Ask for Scott, the owner. Tell him that I referred you.

Get Avvo’s 10-part divorce email series

A weekly guide with tips and legal advice for each stage of the process.

Divorce topics

Recommended articles about Divorce

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer