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
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!