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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111673
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My wife of 8 years has served divorce papers to me after I

Customer Question

My wife of 8 years has served divorce papers to me after I caught her having an admitted affair. She is requesting the production of documents, but my soon to be ex wife has taken most of my documents as I had trusted her to manage our family documents. She is also requesting information from my corporation, but she was never incorporated with my companies. In California, she cannot touch the corporations if she had an affair on her own will. I have requested to meet & greet with her lawyer to try resolving the divorce through a meeting in a mature manner. Can you guide me into writing a proper letter for her attorney I am in communication with?Remember:
8 years of marriage in California
2 children (4 & 5)
Legal Child Custody
Admittance of affair in court minutes
Abusive Wife with Proof
Submitted: 1 month ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
In response to the request for production of documents, if she took them, then in your response you would state, "Documents are already in the possession and control of petitioner who took them from family home."
She is still entitled to information on the corporation to establish community property value, even if she cannot take the corporation, since it had value accumulated during the marital community so those proceeds or increase in value of the company can be a community property asset, as can your take from the corporation.
You can send a letter to her attorney stating you would like the opportunity speak with him about the matters and confer about the discovery issues. However, chances are he will not meet you face to face and will communicate only by letter or phone or email.
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Customer: replied 1 month ago.
Thank you for your response. They are willing to meet and greet in their office, but still want the documents. She was recently charged for battery and restraining order against my sister when my ex wife unexpectedly came into our family house and took boxes from our garage. The case filed in court and ruled in pro of my sister. In the boxes she had taken, most of my documents were in there. She is requesting bank statements of 8 years, it's almost pathetic to gather that all up when I am requesting to meet and resolve a divorce in an easier manner that will benefit both of us.
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your reply.
If he wants a meet and greet in his office, you still need to tell him that the documents being requested are in his client's control and possession as I said above. If you have a reasonable settlement proposal I would consider putting that together in writing and providing it to them in advance of the meet and greet and tell him you will be sending one. He knows if you prove she took the documents from you that he cannot force you to provide them, so you need to let him know everything she has taken into her possession as well.
Customer: replied 1 month ago.
Would you be able to provide me a service of preparing a letter in your legal terms to address the possession and proposal?
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your reply.
Unfortunately, us preparing any document for you, even a letter, can be deemed representation and that is forbidden by state law.
Customer: replied 1 month ago.
Not even for an extra charge? Can you guide me a template for the letter maybe?
Expert:  Law Educator, Esq. replied 1 month ago.
No, I am afraid it is illegal, it is against state law for any attorney on this site to represent, which includes drafting letters or other documents, any customer of this site. I am very sorry about that part, but we have to abide by the state laws if we want to continue to be able to provide information to customers. Thank you for understanding that.
Your letter does not have to be long and if you read what I said above, I have given you very specific wording you can use if you want in your letter.
Customer: replied 1 month ago.
Okay, will you be able to proof read a letter I write? Possibly tell me if it is passable or not
Expert:  Law Educator, Esq. replied 1 month ago.
we can proof read the letter for you to make suggestions.