It is sad but true that many spouses
attempt to hide assets from their partners during a divorce in order to escape having
to split it with their partners. In order to tackle this problem, state
legislation in all states has a provision known as discovery which plays the
role of an important tool in helping the divorcing spouse unravel hidden assets
and sources of income of
their partners.
When a divorce proceeding gets underway,
divorce lawyers on both sides will generally work to present a full picture of
the financial assets and income owned and earned by both spouses. For the most
part, these assets are categorized as one of the following three – marital
property, separate property, and comingled property.
Marital property is when the property
was acquired during the marriage. On the other hand, separate property is when
the property was either acquired prior to the marriage, after separation, or as
a gift of inheritance. Lastly, comingled property is that which was acquired
during the marriage itself. These are general categories and there may be
slight variations as to how this works in different states. The laws or legislation
in effect in your particular state will stipulate how your property is
categorized during a divorce.
Divorce attorneys point out that even
though separate property will remain separate and one spouse will not have any
ownership rights on the other’s marital property, it will still come into play
as family courts generally tend to consider the value of the individual
properties while contemplating how to divide marital properties and mortgages
among the two spouses.
You may believe a divorce lawyer will
make things worse but you are incorrect. Not only will this process go smoother
it will go faster with a legal counselor. Even if you believe you and your
spouse are on the same divorce page your decisions may run into discord with
the law.
There is no reason to drag this out, you
need legal help and you can find it using this breathtaking and cutting edge website:
Divorce.USAttorneys.com. This digital tool
will enable you to find the legal help you need so you know your decisions are
proper and that you are not treated unfairly in the divorce process. Your
lawyer will make sure that your spouse does not hoodwink you and to insure you
do not give in when you do not have too.
Finding
assets when you are the “out spouse”
The out spouse refers to the spouse who
does not really have thorough knowledge of the financial aspect of things, and
does not have a full understanding of the assets and income that the other
spouse has access to. In such a situation, the lawful way to request this
information would be to simply ask the other spouse for copies of all financial
information.
In cases where the out spouse is able to
find and share all information, the information gathering process is rather
simple. However, in many cases either the other spouse is not able to find this
information or refuses to disclose all of it. This was not the case in the
movie Blue Valentine with Ryan Gosling and Michelle Williams. Neither of them
had anything of merit and they both knew it. There was not any property issue
or stalemate in the divorce process because someone was hiding anything
valuable from another.
In the movie Liar, Liar, that was not
the case. One of the spouses, the former husband was well off while the wife
was not. She turned out not even appearing to be a caring mother as well but
that is another topic. In Liar, Liar, everything was being argued over.
No all marriages end in bliss. Hire a divorce lawyer - make sure yours does not end in financial ruin. |
If you are suspicious that your spouse
may be hiding certain aspects and income from you, then it would be prudent to
contact a divorce lawyer as soon as possible to get the process of discovery
under way.
The
divorce discovery procedure
The divorce discovery process is
basically a legal process in order to get information and documents from your
spouse. The process is initiated by a divorce legal representative and involves
several steps such as document demands, interrogatories, requests for
admission, inspection demands, and testimonies under oath.
The discovery process takes time and
needs a legal expert to properly execute it. If you are
facing a roadblock in your divorce due to financial issues, make
sure to call a divorce lawyer today. This is the best way to ensure that your
rights are protected and that you receive your share of assets and income.
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