It looks like I am heading towards a divorce. My wife makes a great steady income in the six figures. She has always deposited all of her paychecks into a personal account. I also make good money, but my income is not steady. The last few months many of my investments did not do as well as anticipated, and I had to depend on the savings from the previous months. Up until recently while things were going great for me financially, I never cared what she did with the money that she was earning. I paid all of the bills; everything! I always paid the rent, car payments, insurance, etc. The only things that she paid for was gas in her car and the times that she would eat out at lunch with friends. She also paid for some plane tickets and couple of bikes she bought for our boys.Unfortunately recently for the first time ever I asked her for monetary help. She told me that she does not have any. Up until February, she was making about $75k per year, and then in February she got a job making $120k. I don't seem to understand how when she has no expenses what so ever, she claims that she has no money?!Anyway, now that we are moving to a divorce, I fear that she has been building a war chest. What are my options?Do I have anyway that I can get bank records with out having to go through a drag out fight in court and having to get Subpoena? She is still my wife. Can I go to the bank without a court order?Please advise.Thank you Shar
Country relating to Question: United States
State (if USA): California
Thanks for using Pearl.com It will be my pleasure to assist you today.I am SO sorry to hear about your situation. Divorces are NEVER easy and they take an emotional toll on both parties.Can I assume that you DO NOT own a home? Do you own any other real property?ThanksP.S. Once you give me the information, I do want to look up some things for you. I'll be back with an answer shortly thereafter, however it may take several minutes to do so.Thanks for your patience.
Also, how old are your children?Thanks
My children are 12, 13, and 14, but they are mine from a previous marriage. My current wife and I have been married for less than a year.
Did you receive my answer to your first question? I sent it but I do not see it? If you didn't I will redo it.
We do not own any real property. Our rent is $5200, which I have always
Thanks for the information.California is a "community property" state for purposes of a divorce.California law defines community property as any asset acquired or income earned by a married person while living with a spouse. Separate property is defined as anything acquired by a spouse before the marriage, during the marriage by gift, devise, or bequest, and after the parties separate. The law requires that the community estate be divided equally if there is no written agreement requiring a particular Division of Property. This means that from the total fair market value of the community assets, the joint obligations of the parties are subtracted, yielding the net community estate. Unless agreed otherwise, each spouse must receive half of the net community estate.The law does not require an "in kind" division of the community property, which would mean you would have to divide each physical object. All that the law requires is that the net value of the assets received by each spouse must be equal. Thus, it is not uncommon for one spouse to be awa awarded the family residence, with the other spouse receiving the family business and investment real estate, as long as each spouse gets assets that are equivalent in value. Since the total net value of the assets being received by each spouse is equal, such a division is proper.When a married person accumulates an interest in a pension, retirement, profit sharing, or other employee benefit plan during the marriage, the part that was accumulated during the marriage it is community property and subject to division in the dissolution. (If the owner of the benefits contributed to the plan before marriage or after separation, those amounts aren't included in the division.) The spouse who owns the retirement plan can pay the other spouse for the non-owner spouse's share of the community interest, or the court can reserve jurisdiction to have each spouse receive a proportionate share of the benefits when they are paid.http://www.divorcenet.com/states/california/cafaq03You need to seek the advice of an attorney who specializes in family law--the sooner the better! Once a Complaint for Divorce is filed (if you file it) or you Answer the Complaint (if your spouse files), your attorney can file a Motion For a Temporary Restraining Order to freeze the bank accounts of both parties. The only subtractions allowed from either your account(s) or her account(s) are for the day to day and monthly expenses. Also, you may be able to withdraw funds for your attorney. If your spouse has made major withdrawls from her account(s), the judge may Order that the money be placed back into the account. The same holds true for you.But, again, you need to seek the advice and counsel of a family law attorney in the county in which you reside. Below is a link to the California Bar Association Attorney Referral Page.http://www.calbar.ca.gov/Public/LawyerReferralServicesLRS.aspx
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20+ yrs in criminal, landlord/tenant, family, & small claims
What are the ramifications for me to go and file for divorce, and petition for a TRO to freeze assets, with out an attorney present? I am very capable to speak in from of judge an present my case. I have had several opportunities to do so and have been successful every time.
You can certainly represent yourself in a divorce proceeding. However, if you believe that there are going to be "contested" issues, it is usually in your best interest to have an attorney represent you who specializes in family law.Below is a "self help" link to the page from the California Courts for filing for a divorce on your own without an attorney. The link will lead you to other information and forms that must be filed.http://www.courts.ca.gov/selfhelp-divorce.htmWhile I am sure that you are capable of speaking before a judge, an attorney is trained in the law and in the requirements that must be met, the forms that need to be used, and the information necessary for a TRO. Before you file on your own, you should at least to speak to an attorney. That way, you can decide if you can proceed on your own, or if you need an attorney.
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