One of the most contested issues in divorces is whether child support and spousal support are warranted and how property should be divided. As such, parties in a divorce action have the right to disclosure of each other’s income, assets, and debts prior to the court making any determinations regarding any financial rights or obligations. The right is not absolute, however, as demonstrated in a recent opinion delivered by a California court. If you are considering filing for divorce, it is important to understand how the decision will impact you financially, and you should speak to a Bay Area divorce attorney as soon as possible.
Factual and Procedural History
It is alleged that the wife and the husband wed in 2008. They welcomed three children during their marriage. In 2018, they separated. The wife filed a petition for dissolution in 2018 as well. Subsequently, the parties exchanged preliminary declarations of disclosure, income, and expenses. They then proceeded to a voluntary settlement conference. They were both represented by counsel during the conference and had the assistance of forensic accountants.
It is reported that after the conference, they entered into a marital settlement agreement that set forth their rights and obligations with regard to spousal support and child support and divided their property. The parties did not exchange final disclosures prior to entering into the agreement. The wife then refused to sign the agreement. The husband’s attorney filed a motion for enforcement pursuant to the terms of the agreement. Based on the terms of the agreement, the court then entered a judgment of dissolution of marriage. The wife filed an appeal. Continue Reading ›