Good morning. Ok – first I’ll discuss the procedural matters you need to know. There is no standardized form for responding to or making requests for production. Instead, you can simply draft your own requests on pleading paper. I’ve attached a template for you. All you need to do is fill in the applicable info in the grey spaces – name, address, parties, etc. Among other things, you will enter “Los Angeles” in the County field.
The form provides two choices for how you want the documents/things produced: either originals delivered to you/your attorney in person, or true copies sent to you by mail. Obviously, the latter is easier, since you don’t have to go anywhere and you don’t have to pay for copying. But, while this is convenient for documents, if you’re demanding “things”, such as voicemail messages, cell phones, video, etc., you may wish to have them brought in person. You/your attorney would then have an opportunity to inspect them and copy them, but you would not be able to keep the originals. Whichever option you choose – I suggest deleting the other option from the form, just to avoid confusion. Finally, I would suggest setting a deadline of 45 days.
Now, keeping in mind the issues and items we discussed previously, keep an open mind when listing the things you want produced. Don’t be afraid that you’re going too far. If your wife/her attorney thinks what you’re asking for is inappropriate, then she must object (which is common). So, when you receive her response, it will include (hopefully) responses to your requests stated something like this: “In response to request #1, Demand for Cell Phone Records, see Exhibit “A”, attached hereto.” But there will likely also be responses stating something like this: “In response to request #2, Demand for Facebook ID and Password, Respondent objects to this demand on the grounds that it is palpably improper, irrelevant and not designed to lead to the discovery of admissible evidence.” So again – the point is, demand anything and everything that could be conceivably useful for you.
Finally, still on the subject of procedure, you have to serve your demands properly. Attached is a Proof of Service form with instructions. Your demands can be served by mail, but, as you will see on the form, it must be done by a non-party – not you.
It’s good that your wife and her paramour readily admit to the affair. As far as getting a tangible record of what they told you, you could serve a Notice to Admit. That is similar to a demand for documents, except instead of asking for documents/things, you simply ask questions for the other party to either admit or deny. I’m not sure this advisable at this stage, however. Hopefully she will admit it formally in the course of the proceedings, such as in court or a deposition. If not, she will, apparently, be perjuring herself. Consider whether she is a risk-taker. Perjury is a big deal. Based on what you know about her, would she risk the consequences by lying about this point? Even if so, you may well be able to prove the affair with the other docs/things you obtain.
As for your corporation, without knowing much more detail about your marriage and your corporation, I cannot give precise information as to this issue. Even though she may have had nothing to do with the corporation, your interest in it could nevertheless constitute community property under CA family law. It depends on a variety of factors, including when you formed the corporation. For this issue, and in general, you may wish to retain a local divorce attorney who can protect your interests.
Good luck as you struggle through this tough time. Again – consider an attorney who can navigate you through this process and advocate aggressively on your behalf.
In the interim, please remember to rate my answer if you are satisfied.