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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

Attorney Answers 5


  1. 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 schwerin@ix.netcom.com. Consultation fees, rates and retainers vary based on need and ability to pay.


  2. 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.

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  3. 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.


  4. 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.
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  5. 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.

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