Unfortunately, the divorce process is not always the friendliest experience. Even though there are no laws requiring your soon-to-be ex to be nice, there are rules against hiding assets during divorce.
Both parties are given a powerful legal tool with which to uncover and stop any attempts to hide assets during divorce: discovery. You can use the discovery process to find hidden assets or plans to hide assets, and present it as evidence.
What Can I Do If My Spouse is Hiding Assets During Divorce?
If you suspect that your spouse is hiding something and they won’t willingly provide you with all financial records, then you should talk to a divorce attorney. It is advisable to talk to a divorce lawyer even before there is a problem in order to avoid issues altogether.
There are many ways you and your divorce attorney can use the discovery process to gather information, including:
- Demand for Documents – Your lawyer can demand that your spouse provide copies of any specific financial documents, such as tax returns, bank statements, or loan applications.
- Inspections – An inspection demand can allow you to physically inspect certain property, including the inside of a personal safe.
- Requests for Admission – Sometimes called “interrogatories”, you can demand that your spouse answer any queries in writing or admit to suspicions you have.
- Testimony – Another useful tool is to demand an oral deposition in which you, your spouse, and your attorneys meet. Your spouse is sworn to tell the truth, then your attorney can question them about any relevant issues.
What If Your Ex Hid Assets in a Past Divorce?
If your ex successfully makes it through a divorce while hiding assets, they will have to keep those assets hidden for the rest of their lives. If any evidence turns up proving that they hid assets, they could face some serious consequences, including perjury, fraud and contempt of court.
