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Think Your Spouse May Be Hiding Assets from You? How the Discovery Process Could Help You

Think Your Spouse May Be Hiding Assets from You? How the Discovery Process Could Help You

Posted By Meyers Law Group || 20-Aug-2013

Before the actual division of property in a divorce, there has to be determined how many assets and debts are going to be dealt with. One also has to determine which property is marital property and which items are separate property. Part of this process depends on your spouse giving a full disclosure. If you think that your spouse is hiding assets to keep them from you in a divorce, then you have a number of options at your disposal. One such option is "discovery".

This is if your spouse will not comply with a full financial disclosure, or you suspect that your spouse is keeping something back. With your divorce attorney, you can instigate the discovery process, which means a court-ordered financial disclosure. Your lawyer can ask your spouse to provide financial papers, such as financial statements and tax returns. If you need certain questions answered, you can ask and your spouse will have to answer them in writing (your questions could be labeled "interrogatories" or "requests for admission").

Through discovery, you can also get access to safe deposits and private collections to see for yourself how many assets are included in marital property. You might also be able to get an oral deposition. This would be where you, your spouse, and your attorneys would show up in court. An interview would take place, under oath, with a court reporter recording all the testimony. In this manner, your attorney could ask direct questions about finances that your spouse would be legally obligated to answer. An oral deposition is a good idea especially after you have some concrete financial information. Your attorney can ask specific questions, and any false answers could get your spouse charged with perjury.

If you think your spouse is hiding some assets from you, and you want to discuss the discovery process, consult a Long Island divorce attorney today. The Meyers Law Group has the experience and dedication you deserve. We may be able to protect your full rights in a divorce. Contact us today!