What Is Discovery in a Divorce And Why Does It Matter in Alameda County, CA?

In this article, you will discover:

• How the discovery phase works during a divorce case.
• The importance of financial disclosures in a contested California divorce.
• The types of financial records and documents requested during discovery in California.

What Is The Discovery Phase In Divorce Cases?

Discovery is the process of obtaining financial information from the other party in a divorce. Surprisingly, many partners are uninformed about their marital financial makeup because one person often controls the finances while the other simply trusts them to handle everything from paying bills to banking.

When you divorce, you may not even know where your spouse banks. Fortunately, there’s a discovery process where each party must submit and exchange financial disclosures. Through this process, you can make a document demand for specific bank statements, deeds or credit card debt.

Even then, you may not get the full truth. If you still don’t receive the information you believe is there, you can subpoena it.

Why Is Financial Discovery Critical In Contested California Divorce Proceedings?

Financial discovery is so important because you need to know what’s at stake. In California, the division of the marital estate is 50-50, unless there are other, extreme factors.

Each party must disclose their assets, income, and debts. The court will not enter a judgment or allow a marital settlement agreement if either of the parties haven’t made financial disclosures. If that happens, then your divorce will be in limbo until those disclosures happen.

What Types Of Financial Records And Documents Are Typically Requested During Divorce Discovery?

Financial records that are required to be produced during discovery include:

• Deeds to property in which you have an interest
• Bank account statements
• Retirement account statements
• Vehicle registrations
• Real estate titles
• Two years of tax returns
• Credit card debt and any other debt that you have

Whatever is left out of your disclosure, whether it’s a debt or a bank account, the other party can wreak havoc with it. An example would be finding out about an asset that was not disclosed. However, if the asset is already gone, even if you can obtain a judgment stating your ex owes you money for that asset, collecting will be difficult.

Attorney Sandra Banks is an experienced Oakland, California-based lawyer who has helped clients just like you navigate the intricacies of family law. With decades of experience, she is prepared to assist you with financial disclosures to ensure that the division of assets in your divorce is equitable and fair.

Still have questions? Ready to get started? Contact the Law Office of Sandra F. Banks today to schedule an initial consultation.

Can Marital Debts Follow Me During Or After My Divorce?

Yes, they can. If there’s a debt you don’t know about, the creditor may be able to come after you. A family law judgment between the parties does not affect a creditor. For example, suppose you have a car that has both your names on the loan. Even if the title is assigned to your ex, if they default, the lender can pursue both of you for payment.

Ultimately, the creditor is not a part of the divorce case, and the court’s judgment does not bind them.

Can I Legally Refuse To Answer Certain Discovery Questions In A California Divorce?

You can refuse to answer questions about privileged communications with your attorney. Any communication between you and an attorney or medical professional is privileged. You don’t have to answer those questions or produce your medical records unless the court intervenes and orders it. However, regarding basic account information, you can’t refuse to answer.

Notes From The Field : How I Protect Clients During The Discovery Process

I tell my clients to give me everything, and we will turn over what is compliant. You shouldn’t attempt to hide anything. Even if you end up with a judgment, if something is discovered later, the case can be reopened.

There was a case where a woman won over $1 million in the lottery. She decided she wasn’t going to share her winnings with her husband and filed for divorce. When she cashed in the ticket, her ex found out.

What she did is called a breach of fiduciary duty, which means you have the highest duty owed to your spouse. You can’t deal with them in an underhanded way. In this case, the court took the entire amount away from her and gave it to the husband for that violation.

If you fail to disclose an asset and it’s later discovered, the court can take it and give it to your ex-spouse, even though California law states the division is 50-50. If you want to retain an asset, don’t hide it; negotiate for it.

Still Have Questions? Ready To Get Started?

For more information on divorce discovery in Alameda County, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (510) 213-7665 today.