Divorce is a difficult process for all parties involved, including the attorneys. Emotions run high and because children are also often involved, every step must be measured before it is taken. The division of assets, child custody and child support are always highly contested and it is very difficult to satisfy all parties when reaching a divorce settlement. It is imperative that you do not attempt to divorce your spouse on your own, an experienced divorce attorney will be able to assist you in helping you through these trying times with proper legal representation.
Distribution of Assets & Hiding Assets
One of the issues that occurs during the course of divorces is the distribution of assets. In many cases, the husband will have worked during the course of the marriage while the wife took a secondary role and stayed home taking care of the children. Because the wife accepted the role of homemaker and caretaker, she gave up her ability to earn an income. Now that the divorce is in motion, she faces the reality of having to return to the workforce after many years of having been at home.
Complicating matters is the fact that the husband very often has accumulated assets which he does not wish to divide with his wife. This is not exclusive to husbands but, in many cases, the husband will have worked during the course of the marriage while the wife stayed home taking care of the children.
Therefore, during the course of time as a husband has been working in the workforce, he will have accumulated property, liquid assets and other items of value that he does not wish to divide with his soon to be ex-wife.
Let Your Divorce Attorney Find Where the Assets are Hidden
That is why retaining an attorney is vital in a divorce case. While these issues might be new to you, they are not new to an experienced divorce attorney. Divorce attorneys have seen this tactic before, and employ a number of methods to get around them. One of these is the completion of an inventory and appraisement. An inventory and appraisement is served upon the husband and it requires that he fill out all of his banking and asset information. This is done under the penalties of perjury. In the event that any of the information is false, misleading or intentionally omitted, the husband may be subject to a perjury hearing which could carry with it jail time.
Discovery is also an aspect of a matrimonial case where the testimony of an individual is required. Your attorney will be allowed to take the pre-trial testimony of your husband and will be able to ask him any questions he wishes with regard to his assets. That pre-trial testimony is also taken out of the penalties of perjury. That testimony can be used at the time of the matrimonial trial to cross-examine your husband. In the event it is determined that he intentionally lied, misled the Court or omitted information, again, he may be held in contempt of Court and be subject to perjury charge and face jail time.
An experienced divorce attorney can also hire a private investigator. The private investigator will run a full asset search on your husband and any property or holdings he may have an interest in. The private investigator also can follow your husband around and make notes of all of the different properties, banking institutions and individuals he meets with on a regular basis. Using this information, it is easy to determine where your husband’s interests lie.
These are only of the methods employed by divorce attorneys during the course of a contested divorce. In the event you are divorcing and believe that your spouse has assets they are hiding, it is in your best interest to consult with and retain an experienced divorce lawyer, so call today and schedule a free consultation.
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