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

Asked almost 2 years ago - 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. Michael Charles Schwerin

    Contributor Level 17

    10

    Lawyers agree

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    Answered . 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... more
  2. Donald Frederick Conviser

    Contributor Level 19

    8

    Lawyers agree

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    Answered . 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... more
  3. John Noah Kitta

    Pro

    Contributor Level 19

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    Answered . 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... more
  4. Joseph Torri

    Contributor Level 16

    6

    Lawyers agree

    Answered . 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.

    www.JoeTorriLaw.com

    This communication does not create an attorney-client relationship. This means that I am not your lawyer and I... more
  5. Richard Eric Anthony Dwyer

    Pro

    Contributor Level 14

    3

    Lawyers agree

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    Answered . 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.

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Divorce Court

Divorce court is where the divorce process takes place. The court may determine matters like alimony, child custody, and property division.

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