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It is fairly common in a marriage for one spouse to handle money matters and the finances while the other has very little input into these things. The other spouse may also have more input into another area of family life, such as disciplining the children. When one spouse handles the majority of the finances though, it becomes even easier for them to hide assets during a divorce, and that becomes trouble for the other spouse.
Spouses hide marital assets during a divorce because they do not want them to be divided during divorce proceedings. Fortunately, if you think your spouse is hiding assets from you, there are ways you can bring those assets to light to ensure that you receive the fair settlement you deserve.
Every divorce that goes through litigation will go through the discovery process. During this process, each side must provide the other side with any information that is requested. There are several phases of the discovery process and during each one, your attorney will ask for certain information which can help you learn of hidden assets.
There are many different documents your attorney can ask for during the discovery phase. These can include bank statements, income statements, tax returns, loan applications, and more that can provide you a better picture of how many marital assets are legitimately involved in the divorce. Your attorney will not just ask for these documents, they will subpoena them. Your spouse is then legally obligated to comply with the subpoena. This can help ensure that when the court is dividing your property, it will be divided fairly.
Your attorney may send your spouse a request for admission. Essentially, this is asking your spouse about a certain fact, and they must answer. Additionally, to uncover hidden assets, your attorney can send an interrogatory to your spouse. These are written questions that your spouse must answer truthfully. When asking questions about hidden assets, both requests for admission and interrogatories are very effective.
During a deposition, you and your attorney will meet with your spouse and their attorney. Sometimes, you are not always present for the deposition, but your attorney always will be. During the deposition, your spouse is asked questions that they must answer truthfully. If they do not and someone finds out that they lied, they can be charged with perjury. This is one of the best ways to uncover assets if you believe your spouse is hiding them.
If you are getting a divorce and are worried that your spouse will hide assets from you, call our skilled DuPage County divorce lawyers today. At the Law Office of Martoccio & Martoccio, we know the tricks spouses use when hiding assets. We also know the procedures to follow to uncover them and get you the fair divorce settlement you deserve. For the help you need, call us today at 630-920-8855 to schedule your consultation.