Dividing property is a difficult enough endeavor. It can take a lot of
time to decide what
marital property or divisible property is, and what assets and debts are separate property.
The process is even harder when you and your spouse cannot find all the
pertinent information. Worse still is when a spouse tries to conceal financial
information in order to keep you from getting your fair share. The good
news is that even if you are the “out-spouse”, you can take
legal action to get full financial disclosure.
“Out-spouse” is the term that can refer to a spouse who does
not deal with the bookkeeping, while the other spouse does deal with the
finances. If you think your spouse might be keeping back some financial
information, you should talk with your divorce attorney. You may be able
to start what is known as a discovery process.
With the help of a lawyer, it may be possible to ask your spouse to submit
financial documents, which can include tax returns, records for the savings
account, etc. This can give you the full financial picture you need. You
might also be able to write “interrogatories”, a fancy word
for questions, which your spouse would have to give written answers to.
There are also ways you could gain access to safes and private collections.
You might also want to ask for an oral deposition. This is where you, your
spouse, and your respective lawyers have an interview, which is recorded
by a court reporter. If your spouse lies at the deposition, this could
lead to perjury charges, since the testimony given at the deposition is
under oath.
You may very wells need the help of the court if your spouse will not comply
with your requests for full financial disclosure. A court can enforce
the discovery process through penalties, such as fines, for example. An
experienced Raleigh divorce lawyer can help you decide what actions to
take if your spouse could be hiding assets. If you have any questions
about your options in a divorce, please do not hesitate to
contact the Hopper Law Office.