how should an attorney produce documents in a divorce

by Joelle Wuckert 4 min read

What should I bring to my divorce attorney?

Jul 23, 2018 · Divorce cases, under California law, often involve finances. In order to sort out finances, documentation is necessary. Virtually every divorce case in California requires disclosure of finances to the other side, and depending upon how complex they are, the disclosure can be quite onerous. This is, without question, the most frustrating portion of my job. […]

Why does my lawyer want a copy of my divorce documents?

Sep 06, 2021 · You should be prepared to show your attorney at least three years in income tax returns. Your spouse’s basic information: full name, date of birth and social security number. Contact information for your spouse such as an address, landline/cell phone number and an …

What is a request for production of documents in a divorce?

Jan 24, 2022 · Before the divorce process begins, your attorney will need information about your marriage and the official documentation attached to it. These will include income tax returns and proof of income...

What is a notice to produce in a divorce case?

Copies of communications with your lawyer. Everything you send your lawyer. Everything your lawyer sends you. Phone logs documenting calls with your lawyer,including dates and times. Summaries of verbal communications with your lawyer. Records of failed attempts to communicate with your lawyer.

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What information is needed to file a student loan?

Include all information such as balances owed, interest rate, payment schedule and the school, and what period of time you or your spouse received the loan.

What is an exhibit A on a grant deed?

Copy of the current Grant Deed (s) with Exhibit “A” (legal description) on each property that shows how title is held (if the title has been changed, provide copies of all deeds from the time of acquisition). The Deed of Trust or Note is not needed.

Who is Jason Crowley?

Jason Crowley is a divorce financial strategist, personal finance expert, and entrepreneur. Jason is the managing partner of Divorce Capital Planning, co-founder of Divorce Mortgage Advisors, and founder of Survive Divorce.

Do you need a financial analyst for divorce?

Depending on the complexity of your divorce, you may need a lot of documentation to give to your lawyer or Certified Divorce Financial Analyst . The more organized you are upfront will not only save you time and stress, but it will also save you money as well.

Do you have to disclose your finances during divorce?

If you’re in the dark about your finances, that’s okay. You and your spouse will be required to complete financial affidavits (disclosures) as part of the divorce process. The goal at this point is simply to begin identifying the puzzle pieces.

What documents are needed for real estate?

Documents Related to Real Estate 1 Any documents showing the legal description of any real estate owned together or separately. These can be obtained from your mortgage company or bank. 2 Your current mortgage statements on any mortgages you have on real estate property. 3 All documents pertaining to the initial purchase of the real estate. 4 If the real estate has been refinanced, all documents pertaining to the refinance. 5 Tax assessor’s statement (s) pertaining to any and all real estate.

What is a copy of a financial statement?

A copy of any financial statements or statements of net worth prepared by you or your spouse for the purpose of securing bank loans or for any other purpose. Any other information that will establish your net worth, your spouse's net worth, your joint net worth, your income, and your spouse's income.

Who is Cathy Meyer?

Cathy Meyer. Cathy Meyer is a certified divorce coach, marriage educator, freelance writer, and founding editor of DivorcedMoms.com. As a divorce mediator, she provides clients with strategies and resources that enable them to power through a time of adversity. Brides's Editorial Guidelines. Cathy Meyer.

Who is Brette Sember?

Brette Sember, JD, is a former divorce and family lawyer and mediator. She is the author of The Complete Divorce Organizer & Planner and The Complete Divorce Guide. When you are readying your documents, you can provide paper or digital copies to your attorney, though Sember advises that digital files may be more useful.

Is life insurance considered a marital property?

Life insurance can also be considered a marital property . In some cases, it can be viewed as a form of spousal support. "Life insurance cash value could be divided in the divorce or the court can order a beneficiary change, such as to provide backup for child support," says Sember.

Do you have to disclose debts during divorce?

"All debts entered into during the marriage must be disclosed as part of financial disclosure ," explains Sember. "The court will determine which are marital debts and divide them as part of the divorce ."

What is a savings passbook?

Savings passbooks and savings certificates of individual or joint accounts held individually or jointly by you and your spouse. Any and all bank statements for the past three years from any account in your name or held jointly with your spouse. Statements from investment accounts you two hold jointly and separately.

What is custody xchange?

CustodyXChange is similar to OPTIMAL but focuses primarily on the journaling function. The program stamps each entry with the date and time, and allows you tadd notes. The journal can be printed or exported to a Word or PDF file for easy emailing.

What is the online parent time information manager?

The Online Parenting Time Information Manager and Activity Log OPTIMAL is “a unique online service that can help you win custody, change custody, or reduce child support.” It can be used by one or both parents and is designed to deliver forms and reports specifically for use in presenting your case to the court. Key functions include: calendar, email, time tracker, journal, support money tool, and a statistics generator.

Who is Gloria Petroni?

Gloria Petroni has published an entire guide, devoted to helping those who are going through a divorce. In The Nevada Divorce Guide, she provides many different checklists and actions to take when going through such a hard time. With over 34 years’ experience as a Reno family law attorney, Gloria Petroni is someone you can trust to guide you through a traumatic and emotional time in your life. Copies are available for purchase at the Sundance Bookstore in Reno, Nevada. Stop in today or fill out a form online to order the book. You can read check out other excerpts from the guide below:

What is the most important thing to know about divorce?

In divorce, credibility is one of the most important aspects of any case. Once a judge determines a spouse’s statements can’t be trusted, recovering credibility can be very difficult. You may need to print or download online banking and brokerage accounts from the Internet. If so, you may need a login and password.

What is financial statement?

Financial statements are submitted to banks and lending institutions to document the borrower’s ability to pay back a loan. “Financial statements” is a general term describing statements of net worth, balance sheets, profit-and-loss statements, income statements, and statements of cash flow. 2.

Can a lawyer find a smoking gun?

Bring to your lawyer any information or documents that are potentially damaging to your case. Some clients pray the other spouse won’t find a “smoking gun” document and go to great lengths to hide the document amidst a mass of other documentation or simply won’t produce it. This is a mistake. If you produce five years of credit card statements, hoping to bury one embarrassing statement in a stack of documents, the opposing attorney will almost always find it.

Starting the Divorce Process: Related Resources

If you're just starting the divorce process or planning to do so, you may feel overwhelmed by all of the steps required. If you also have children, the process can be much more emotionally draining. The following resources will help you make sense of your state's divorce laws and the divorce process in general.

If You're Getting Divorced, Don't Go it Alone: An Attorney Can Help

After determining which documents to show your divorce attorney at that first consultation, you'll want to find the right attorney. But just because a lawyer has a lot of experience and great credentials doesn't mean they're necessarily the right fit, since style and personalities vary widely.

What is a request for production?

Requests (also referred to as Demands) for production is exactly what it sounds like. It means that specific documents must be provided (produced) to the demanding party. Requests for production can also be used to test, measure, photograph, etc., physical evidence in the other party’s possession or control.

What is the marriage.com course?

If you feel disconnected or frustrated about the state of your marriage but want to avoid separation and/or divorce, the marriage.com course meant for married couples is an excellent resource to help you overcome the most challenging aspects of being married.

What is discovery in divorce?

This is the ultimate guide to divorce discovery. Discovery isn’t always talked about a lot in divorce, but it can be one of the most critical steps to ensuring you have a complete understanding of the facts – particularly if your spouse is being less than forthcoming. If you’re involved in an attorney-driven divorce (aka litigation), ...

What is a deposition in divorce?

Depositions are sworn testimony from an opposing party or witnesses in a divorce. This testimony can be used in court and can be used to uphold any agreements that were made during the deposition.

How to request an expert witness?

For example, you can request things such as: 1 All written reports of each person you expect to call as an expert witness at trial. 2 All documents of any expert witness you intend to call at trial that were relied upon to form an opinion. 3 All written, recorded, or signed statements of any party, including both parties to the divorce, witnesses, investigators, friends, family members or employer of the parties concerning the subject matter of your divorce action. 4 All photographs, videotapes or audiotapes, emails, surveys or other graphic representations of information concerning the subject matter of this divorce action. 5 Any documents received pursuant to a subpoena request from any party. 6 All financial documents (tax returns, paystubs, bank statements, retirement account statements), child-related documents, social media posts and so forth.

Who is Jason Crowley?

Jason Crowley is a divorce financial strategist, personal finance expert, and entrepreneur. Jason is the managing partner of Divorce Capital Planning, co-founder of Divorce Mortgage Advisors, and founder of Survive Divorce. A leading authority in divorce finance, Jason has been featured in the Wall Street Journal, Forbes, and other media outlets.

What is the purpose of discovery?

Discovery can also be sometimes used as a weapon when it comes to requesting alimony, child custody or child support, depending on laws of a state.

How long does it take to respond to a perjury complaint?

After formal discovery has taken place or concurrent with formal discovery, both sides may submit written questions to each other that must be answered truthfully under the penalty of perjury. A response is generally required in 30 days, but either side may file an objection if they feel the questions are harassing and have no bearing on the case.

Do you have to show up for a subpoena?

With a compelling presentation of documents subpoena, a recipient will not need to show up in court to testify. It can be used to require a person to turn over documents that are relevant to a legal proceeding. However, in some cases, the hybrid will require a person to show up in court with documents in hand.

What is a request for production of documents?

Whether you live in a mandatory disclosure state or not, you can send your spouse a formal request for information, typically called a “Request for Production of Documents.”. You can also send questions for your spouse to answer under oath, called “Interrogatories.”.

What is an attorney's fee award?

an attorney's fee award— where your spouse pays for the attorney’s fees you incurred in bringing the motion. evidentiary sanctions—where the court prevents your spouse from introducing certain evidence at trial, and. jail time—ordering that your spouse spend a certain amount of time in jail.

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The Concept of “Discovery”

  • A Request for Production of Documents (often referred to as a Notice to Produce) requires a spouse to provide the other spouse with certain documents for review. But it’s only one aspect of a larger legal concept known as “divorce discovery,” which is basically an information-gathering …
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Must You Comply with A Request For Production of Documents?

  • Yes. The word “request” is something of a misnomer. A Notice to Produce is really a court-sanctioned demand. That said, if a particular request is unduly burdensome, your attorney can object. For example, asking for credit card statements from the inception of your 40-year marriage is probably over the top. If your spouse’s attorney won’t back down, the court may have to decid…
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A Word About “Documents”

  • You should understand that a Request for Production of Documents isn’t limited to pieces of paper. In this digital age, a request for documents also covers emails, instant messages, and any other information that’s stored electronically. There’s even a growing trend to include metadata in the mix. These details, embedded in a file, can show how and when someone may have altered t…
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