Santa Rosa, CA asked in Divorce for California

Q: What do I do if my husband has destroyed all evidence to be used in our divorce hearing-

He has also had all for year in a half due to mutual RO's. I have1`shoe. He is SAn Jose- I'm in SAnta Rosa. He had no proof forRO- I was on probation and went back to house- nowhere to go - in shock that someone who beat the holy h--- out of me, stole telling me I was so stupid, couldn't keep track of anything. CAlling me slut, spermbank, knife tothroat..,I had no confidence . After eviction - less.want evidence/stuff retn-charge him

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1 Lawyer Answer
Scott Charles MacCabe
Scott Charles MacCabe
  • San Juan Capistrano, CA
  • Licensed in California

A: First, you should retain a lawyer or at least consult face to face with a local attorney in your area. If that cannot happen, please go to a self-help center in your area. As to your question, you need to (1) obtain records through subpoenas and discovery tools regarding the evidence you are seeking (I am assuming financial records from banks and work records from employers). There are tools for you to use to obtain those records, and (2) pursue complete satisfaction of the disclosure requirements in the case under Family Code section 2100. If the records are not maintained by any third parties but were instead private letter agreements between the two of you, then I do not know their validity and your likely remedy would be to marshall what circumstantial evidence (through witnesses and tangential documents)that you can.

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