How do I get the court to subpoena empolyment information for my divorce? 13 Answers as of March 24, 2011

I need to know how to get his paystubs to bring to court so that the case will get thrown out. This will help me prove my husband was not in the state when he filed for divorce, causing the court to not have jurisdiction.

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Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
You may have problems trying to subpoena records from a source outside of California. The Court doesn't subpoena records. You or your attorney would have to do that. Code of Civil Procedure Section 2026.010 provides the procedures for taking an Oral Deposition in another state, which might be the only way to accomplish getting the records from an out-of-state employer - but you would have to first comply with the notice to consumer or employee requirements addressed below. You may seek your husband's paychecks and work records through discovery served on your husband. Code of Civil Procedure Section 1985 and its subsequent sections provide the procedures and requirements of a Notice to Consumer or Employee that are required before a party cansubpoena employment records from an employer. A party cannot issue his/her own subpoena, but would need the court clerk or an attorney of record in the case to issue the subpoena, and prior to serving the subpoena, a notice to consumer or employee would have to be properly served, with appropriate timing, on the employee. However, if an out-of-state employer ignores a California subpoena served upon the out-of-state employer (even after the notice to consumer or employee procedures have been complied with), the California court does not have jurisdiction over the out-of-state employer to compel production under the California subpoena. You can hire a private investigator to seek evidence of your husband's out-of-state employment, if the issue warrants the expenditure. If your husband filed a divorce case in California, and you are in California, you are better off having the case tried in California instead of the state where your husband resides.
Answer Applies to: California
Replied: 3/24/2011
Edwin Fahlen Attorney at Law
Edwin Fahlen Attorney at Law | Edwin Fahlen
To obtain employment records in California, you must personally serve a Deposition Subpoena, and a Notice To Consumer on both the employer, and the employed person. If the employer is out of state then you will need to research that State's statutes and codes regarding subpoenas. You can also force the spouse to provide the documents in court, and if he fails to do so, use evidence sanctions to achieve your goals.
Answer Applies to: California
Replied: 3/24/2011
Cody and Gonillo, LLP
Cody and Gonillo, LLP | Christine Gonilla
The court can divorce a couple if one of them resides here for a year by the time the case is finalized. If you need help with a subpoena you can go to the court clerk's office. Any other questions let us know.
Answer Applies to: Connecticut
Replied: 3/24/2011
Law Office of Martin Blank
Law Office of Martin Blank | Martin E. Blank
You need to subpoena that information yourself.
Answer Applies to: Michigan
Replied: 3/24/2011
Glenn E. Tanner
Glenn E. Tanner | Glenn E. Tanner
You can ask the court to issue the subpoena.
Answer Applies to: Washington
Replied: 3/23/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    You can hire an attorney, who has authority to subpoena records, or see assistance from the court self help center in completing the proper documents. Please note, however, that only one of the parties must be a residence of the State and County in order to qualify for filing for divorce. If you meet the residency requirements, then the case will proceed. Please contact me for a free consultation to assist you with your case.
    Answer Applies to: California
    Replied: 3/23/2011
    Fox Law Firm LLC
    Fox Law Firm LLC | Tina Fox
    I encourage you to contact our office for a free consultation. It sounds like to need to representation to make sure your rights are represented correctly and review all records to ascertain if his filings were filed correctly.
    Answer Applies to: Illinois
    Replied: 3/23/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    First, were you in the state? If so, the court has jurisdiction. Only on of you has to live in this state for the Court to have jurisdiction to grant a divorce. Second, if you have a lawyer, he or she can issue a subpoena. If you are acting on your own behalf, you cannot issue one, but you can ask the clerk of the Court to issue one. Then you have to get it served by a process server or constable. This is just one of the very many reasons I always tell people to hire a lawyer. A lawyer is an officer of the Court, we can do things you cannot. While you have an absolute right to represent yourself, it is very seldom the best idea.
    Answer Applies to: Texas
    Replied: 3/23/2011
    Charles Regan Shaw, PLC
    Charles Regan Shaw, PLC | Charles R Shaw
    The court doesn't subpoena, the moving Party (you) does. Save yourself; hire an attorney!
    Answer Applies to: Michigan
    Replied: 3/23/2011
    Edward A. Kroll, Attorney at Law
    Edward A. Kroll, Attorney at Law | Edward A. Kroll
    Him not being in Oregon at the time of filing does not necessarily mean the court has no jurisdiction. It would depend on how long he has been gone, what the circumstances of his filing were, etc. It is not nearly as simple as "having the case thrown out." I would advise you to talk to a divorce attorney in your area on how to proceed. This part of the law can be very tricky, and trying to do things yourself can get you in a bit of a mess.
    Answer Applies to: Oregon
    Replied: 3/23/2011
    Goldberg Jones
    Goldberg Jones | Zephyr Hill
    A lawyer and subpoena the records for you or you will have to set a Hearing date to get the Judge to issue the Subpoenas.
    Answer Applies to: California
    Replied: 3/23/2011
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