Summary
In California, if a spouse is suspected of hiding assets during divorce, you can subpoena financial records and request document production through discovery. Serving subpoenas can be done directly to banks or business addresses. If necessary, hire a private investigator for additional information. A forensic accountant can be appointed by filing a motion with the court to investigate undisclosed income. The court may decide on cost allocation for the accountant, potentially assigning fees to the party with undisclosed assets. Filing first in a divorce does not alter the process of uncovering financial discrepancies. Consider consulting a local attorney for personalized advice.Full Conversation
I live in Fresno California
Hi Hector! Could you provide more details about your legal issue? This will help me give you better information and guidance.
I am in the process of getting a divorce from my wife soon to be ex-wife and she and me did our financial disclosures. When we did our financial disclosures she lied under oath and to the court stating that she had no income at all and that she did not work yet all of that was a lie she had her own business up until the day that she filed for the divorce all she did was pass it on to her daughter her house cleaning business. She said she had no money and know income which is a lie because I paid for everything the whole time we were together and she kept all of her money so she has money saved up as well and on top of it she has been working the whole 2 years this divorce has carried on but is telling the courts that she is not working and makes no money so I have been having to pay spousal support this whole time also I let her stay in our home and I moved out and she has been renting out half of the home to tenants that pay her monthly rent and she is keeping it a secret she's keeping that money from the rent to herself and saying to the court that she has no money she has been taking vacations and trips these 2 years that we have been in the divorce process. She has lied about several other things and has accused me of some very horrible things false accusations that have no merit no validity and no evidence against me they are just absurd and I want to somehow make it be seen that she is lying about all of this. She sold her two other businesses while we were together married just about a year or two before she filed for divorce and she kept all of that money plus she is still running her house cleaning business she just put her daughter's name on it so it's her daughter's business as so she says but she's actually the one running it and paying employees to work for her and she herself is going to these locations and working as well because I have evidence and proof some of her clients that have texted me and gave me letters to give to the court stating that see to this day is still working for them cleaning their home and getting paid for it. I do not know how to go about getting all this out to the judge because right now I am without a lawyer or attorney still in the process of trying to find another one since firing my last one but trial is soon. How can I get my wife's financial documents and statements where it shows her previous businesses that she owned and when she sold them how much she sold them for and financial work statements or whatever you want to call it up until present day. I don't know how to ask for this or what to do maybe you can write a template for me to give to her attorney stating that I want this I'm not sure can you help me please
Hector, here are some steps you can take:
*. Subpoena: You can subpoena her financial records and business documents.
*. Discovery: Request production of documents through the discovery process.
*. Template: Here is a basic template for you:
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[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Date]
[Her Attorney's Name]
[Attorney's Address]
[City, State, ZIP Code]
Re: Request for Financial Disclosures
Dear [Her Attorney's Name],
I am writing to formally request the following documents related to [Wife's Name]'s financial status:
*. Financial statements and records of the house cleaning business.
*. Records of previous business ownership and sales.
*. Bank statements and income records for the past two years.
*. Records of rental income from tenants.
Please provide these documents by [specific date]. Thank you for your cooperation.
Sincerely,
[Your Name]
---
Would you like any additional guidance?
How do you subpoena her financial records
To subpoena your wife's financial records, follow these steps:
*. Prepare the Subpoena: Complete the appropriate subpoena form (e.g., Subpoena Duces Tecum) from your local court's website or office.
*. File the Subpoena: File the completed subpoena with the court and get it signed by a court clerk or judge.
*. Serve the Subpoena: Deliver the subpoena to the relevant parties (e.g., her bank, business associates) via a process server or other authorized method.
*. Comply with Deadlines: Ensure all parties comply with the subpoena within the specified timeframe.
Would you like more details on any of these steps?
Who would I serve the subpoenas to
To serve the subpoenas in your case, you should generally serve them to:
*. Your wife (for personal financial records).
*. Her bank (for bank statements and financial records).
*. Her business associates or employees (for business records and documents).
*. Tenants (for rental income information).
Would you like more details on serving subpoenas to a specific party?
What if I do not know these people personally like her or her business associates what then
If you don't know these individuals personally, you can still proceed with the subpoenas:
- Serve the bank directly for financial records.
- For business records, serve the subpoena to the business address.
- Subpoena her directly for any information she controls.
- Consider hiring a private investigator to gather additional information.
Would you like information on how to find a private investigator?
Yes
If you need assistance finding a private investigator, you can:
*. Search Online: Look for licensed private investigators in your area.
*. Ask for Referrals: Contact local legal professionals or friends who might have recommendations.
*. Check Credentials: Ensure the investigator is licensed and has good reviews.
Would you like more guidance on hiring a private investigator?
Can you write the template you wrote me earlier but not in basic format can you maybe detail it more
Sure, Hector! Below is a more detailed version of the template you can use to request financial disclosures from your wife's attorney:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Date]
[Her Attorney's Name]
[Attorney's Address]
[City, State, ZIP Code]
Re: Request for Financial Disclosures
Dear [Her Attorney's Name],
I am writing to formally request the following documents related to [Wife's Name]'s financial status as part of our ongoing divorce proceedings:
*. Financial Statements and Records: Detailed financial statements and records of the house cleaning business, including profit and loss statements, balance sheets, and any other relevant financial documents.
*. Previous Business Ownership and Sales: Documentation of previous businesses owned by [Wife's Name], including the dates of ownership, sales agreements, and financial records related to the sale of these businesses.
*. Bank Statements and Income Records: Comprehensive bank statements and income records for the past two years, including all accounts held by [Wife's Name] individually or jointly, and any statements reflecting income from all sources.
*. Rental Income Records: Records ofrental income received from tenants, including lease agreements, payment records, and any communication related to rental arrangements.
Please provide these documents by [specific date], as they are crucial for the fair resolution of our divorce proceedings. Your cooperation in this matter is appreciated.
Sincerely,
[Your Name]
---
Would you like any additional guidance on this?
What if she is hiding the fact that she has somebody living with her as a tenant she is obviously trying to keep it from the courts and from me so she can collect the rent money so if I'm asking for documents for rent agreements or lease agreements or anything like that she could just lie and say it's irrelevant because she has nobody shes renting to so how would I go about that
Hector, you can request the court to appoint a forensic accountant to investigate your wife's finances. This professional can uncover hidden income, including rental income, by reviewing her financial records comprehensively.
Would you like more information on how to request a forensic accountant in court?
Yes please and also would this cost me anything to get a forensic accountant to investigate her finances
To request a forensic accountant in your divorce case, you can file a motion with the court. Here’s what you need to know:
- Motion: File a motion requesting the appointment of a forensic accountant.
- Costs: The court may decide who pays the forensic accountant’s fees, which could be shared or assigned to one party.
Would you like assistance drafting this motion?
Yes please in detail format and can you also give me information more information on what you said about the fees being paid by one party depending on the situation what would that entail for her to have to pay for this forensic accountant
Here’s a detailed template to request the appointment of a forensic accountant:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Date]
[Court Name]
[Address]
[City, State, ZIP Code]
Re: Motion to Appoint Forensic Accountant
Case No: [Your Case Number]
Dear Judge [Judge's Name],
I, [Your Name], am the petitioner in the above-referenced case. I respectfully request the court to appoint a forensic accountant to investigate the financial disclosures and assets of my spouse, [Wife's Name], as part of our ongoing divorce proceedings.
Reasons for Requesting a Forensic Accountant:
*.
Undisclosed Income and Assets: I have reason to believe that [Wife's Name] has not fully disclosed her income and assets, including hidden business operations and rental income.
*.
False Financial Statements: There is evidence suggesting that [Wife's Name] has provided false financial information to the court.
*.
Complex Financial Transactions: The financial transactions related to her businesses and rental income are complex and require professional analysis.
Request:
*.
Appointment of Forensic Accountant:
I request the court appoint a qualified forensic accountant to review and analyze the financial records, business transactions, and income sources of [Wife's Name].
*. Scope of Investigation
: The forensic accountant should investigate all financial accounts, business records, income sources, rental agreements, and any other relevant financial documents.
Cost Allocation:
- Shared/Assigned Costs**: I request the court determine the allocation of the forensic accountant's fees. Given the circumstances, I believe it is fair for the costs to be shared between both parties or assigned to [Wife's Name], who has the financial means to cover these expenses due to her undisclosed income and assets.
Conclusion:
The appointment of a forensic accountant is essential for a fair and just resolution of our divorce proceedings. I kindly request the court to grant this motion and appoint a forensic accountant to ensure all financial information is accurately disclosed.
Thank you for your consideration.
Sincerely,
[Your Name]
---
Would you like any additional guidance on this process?
By the way she was the one that petitioned for the divorce I had the idea I told her I was going to get a divorce and I moved out of our home and was going to go file but she beat me to it because I have work and I was going to go the next day to go do it but she went and filed first with the intention of being able to spread false accusations against me and make herself look like a victim of abuse to be able to get more in the divorce. I don't know if that changes anything on the letters that you just wrote me the templates
Hector, the fact that your wife was the one who filed first doesn't change the content of the templates or the approach to uncovering her financial discrepancies. It's still crucial to proceed with the subpoenas, discovery requests, and possibly the appointment of a forensic accountant. Would you like more detailed guidance on any specific step?
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