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My wife filed divorce for irreconcilable differences last Septembe 5 2012. i had no intention to divorce her for family reason

San Francisco, CA |

and for the convenience of marriage. we have 2 children, 24 an 18 years old.. We live here in San Francisco, still together in our single dwelling owned property. We are both 53 years old and work full time , both RN's. I thought it would be civil and easy divorce but her lawyer is demanding l my bank account statements and list of all my expenses and loans, the pension plan and current earnings. I make more income because of OT's., I made $ 160,000 and she earned $100,000 last year. We've been split in 50% in paying obligations like house loan payment, utilities and etc.
We've been married for 27 years and no infidelity involved. I am afraid that she she will get more money from me. We talked and no plan in selling the house and I offered to continue to take care of all the financial. o

Attorney Answers 6


  1. You really need to see an attorney right away to educate yourself on what is going on in this case. The documents her attorney asked for he is legally entitled to get from you and you have to provide them. You really need some advice.

    Michael Schwerin, San Jose, California phone: 408-295-4232 email: schwerin@ix.netcom.com. Consultation fees, rates and retainers vary based on need and ability to pay.


  2. The problem here is that you have a long term marriage. As a result if you make more than your spouse she may be entitled to spousal support. However, spousal support, unlike child support, is based on need. If you can make a good argument that she does not need support from you and the court agrees then you will not have to pay her child support.

    You MUST respond to the discovery the right way. Therefore, I highly recommend that you hire an attorney immediately to help you with that process. The consequence for not responding to discovery is sanctions and they can run from $2,000 to $5,000 for the first offense.

    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.


  3. You also have the right to ask for discovery of all her assets including all assets she may have out of the country. You make enough money to hire an attorney. I suggest you do it right away, it may save you a lot of aggravation and money. A house in San Francisco is worth at least $550,000 to $750,000. If it is paid for, then there is a lot of equity at issue here. Best of luck.

    I am licensed only in California. This information is good only in California and it is not to be taken as legal advise in any other type of situation.


  4. The documents that she is asking for from you are standard disclosure documents. In every divorce, each party is supposed to provide information about their income, expenses, assets and debts to the other party. You should be getting that information from her too. Since your children are both over 18, you should not have any issues of child support and since both of you have good incomes, spousal support will probably not be an issue either.

    However, it does sound like to need to talk to an attorney about how you are going to split up your assets, such as your house, your pensions and your savings.


  5. What her attorney is asking for is part of the standard financial disclosure process, which is part of the divorce process that each party has to comply with. However, it does sound like you should speak with an attorney to help educate yourself about how to divide up the assets listed on those disclosures, as well as how to handle potential spousal support issues. Sometimes, especially when one side has hired an attorney, the best way to proceed to an amenable resolution, through settlement, is to hire an attorney who can negotiate on your behalf.


  6. I have to weigh in and agree that you need to get fully informed and fast. The sooner you get started resolving this thing in accordance with standard practice, the cheaper it's going to be. If you wait and delay, you're just increasing your cost and frustration. Trust us all on this one: move fast.

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