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Fraud in a North County Divorce Case

On Behalf of | Jan 31, 2020 | Divorce

What should you do if you suspect fraud in a North County divorce case?  When an individual or couple file for a divorce the court issues a variety of orders. The former spouses owe a “fiduciary duty” to one another to provide a full, transparent and accurate accounting of all assets, bank and investment accounts, retirement accounts, vehicles, real estate, and income as well as debts and liabilities.

This includes the valuation of any business interest or professional practice as well as jewelry, collections, and other valuables. A fiduciary duty is a strong and enforceable legal obligation which requires each to act according to the highest standards of “good faith” and “fair dealing.”  This applies to all financial disclosures as well as matters such as financial transactions, the maintenance and preservation of community property and the separate property of your former spouse.

This fiduciary duty also applies to any transaction between you and your former spouse, as well as you and any external party.

For example, if one party used marital funds to support an external affair or to purchase gifts they are often required to reimburse the community for those expenses. The failure to fully disclose all pertinent information can lead to a post-decree litigation based upon fraud.

Unlike the six month time limitation on appeals related to normal divorce orders, there is no post-decree time limitation on fraud related cases.  The “hidden” assets will come to light, and the court takes a dim view of spouses who attempt to under-value or under-report these to the court in all disclosures.

The Certified Family Law Specialists at Burke and Domercq have decades of experience in Carlsbad and North County divorce cases. There are ways to find the money and assets a former spouse may attempt to hide.  We work with forensic accountants and other experts who find hidden accounts and undervalued disclosures.  We protect our client’s interests throughout the divorce process.

If you are concerned about fraud in a North County divorce or failure to fully or fairly disclose assets and liabilities we invite you to review the recommendations of our clients and contact us or call 760-389-3927 to schedule an appointment with one of our attorneys.