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Force Your Spouse To Answer Your Questions About Marital Assets Through Discovery
Copyright (c) 2010 Lucille Uttermohlen
It is not hard to get the short end in divorce court if you don't know everything about your debts and assets. If you don't have the documents you need to prove your case, the judge may have no choice but to make her decision from the information, false or not, she gathers from your spouse's testimony.
If you are extremely rich, and haven't been married very long, it may be possible to squirrel away assets and have your spouse be none the wiser. Your frequent travels to the Cayman Islands or Switzerland may be so common as to not arouse suspicion when you are quietly transferring your vast fortune to dummy accounts under fake names. If you are that well off, chances are pretty good you'll never be one of my clients. Most of us have to work for a living, and don't have high class problems like where to get the Mercedes or Jag detailed, or whether the cook can find the specially cured caviar we enjoyed on the Riviera last season. However, this doesn't mean that spouses don't hide assets from each other. Here is what your lawyer or you can do to make sure you're not victimized by the fact that you once said "I do" to a sneak.
Ask for "discovery". When you sue someone, whether it be for damages because of a personal injury, or because your marriage contract is no longer tenable, you will have to prove what you believe by a "preponderance" of the evidence. This means that there has to be a 51% chance that what you are saying is true for the judge to declare it as fact.
Discovery is the process of formally asking for the information you need that is possessed by the other side. You can get copies of bank statements, credit card receipts, tax returns, or any other document that you need to prove your case. You can "propound interrogatories" which simply means that you can write the questions you have and force your spouse to answer your inquiries under oath. You can also "depone" your spouse. This means you can make her answer questions under oath orally, with a court reporter, to record exactly what she said. If she says something different in court, you have proof that she isn't telling the truth.
Finally, you can force people with the information you need to appear and testify at your hearing. You will have to pay them for their time if they are professional, like accountants, appraisers or counselors. You will have to reimburse them for gas and mileage no matter who they are if they aren't willing to testify for you and you have to force them to come. However, once you have issued a subpoena, they have to appear. If they don't, they are in contempt of the court, and can even go to jail for not being there when they were called.
If you think the location or value of property will be an issue in your divorce, you should hire an attorney to protect you. Your lawyer will know what documents will best make your point, and will also know what the court can do if your spouse doesn't cooperate. However, you should bear in mind that discovery adds to the cost of your divorce case, and should not be used lightly. This is to say, you don't want to pay to have your spouse provide information you already have and can prove without his help.
About the Author
Do you have a legal question? Are you looking for an answer to an important relationship concern? Ask The Law Lady. For a prompt answer, write to thelawlady@couple-or-not.com Or read about legal and relationship issues at
http://www.couple-or-not.com
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