Are you concerned your spouse isn’t being completely forthright in your divorce? What are some things to look for to help you identify potential patterns of hiding money or assets in a San Diego divorce? What can be done about a former spouse who purposefully omits or misrepresents the value of accounts or assets in a divorce?
It is important to note from the outset that each spouse owes the other a powerful legal obligation known as a “fiduciary duty.” This is basically the obligation to always act in the other’s best interests. It requires all financial disclosures including the initial disclosures at the outset of a divorce case to be complete, accurate, transparent and properly valued. The fiduciary duty did not end on the date of separation, or when the divorce was filed. It extends until the moment your divorce is finalized.
Many clients express genuine concern about the nature of a former spouse’s behavior and seek insight and counsel for spotting patterns of hiding money or assets in a San Diego divorce. One of things to look for is a change in income or spending. For example, a business owner might purposefully reduce their salary/pay/income in the months leading up the divorce in an attempt to affect many aspects of the divorce from property division to support obligations. It is important to gather 3 to 5 years of credit card statements, bank statements and investment account information and analyze it for patterns of change. Look at the actual cancelled checks from bank accounts (versus the line item on a statement). Look for cash withdrawals at the ATM or transfers to accounts you may not have even been aware of. A lot of evidence may be hiding in plain sight.
The Certified Family Law Specialists at Burke & Domercq have a lot of tools for spotting patterns of hiding money or assets in a San Diego divorce. Our experienced, skilled attorneys use “interrogatories” to seek answers on the record. We can request an inspection of any asset, account or even a private safe in their business. We use depositions to get to the facts and to ensure crucial information becomes part of the record. We work with forensic accountants and other experts to trace monies, identify hidden accounts and assets and trace patterns of hiding money or assets in a San Diego divorce.
If you are concerned your spouse is being less than forthright about money, assets, income or the valuation of a business or other property we invite you to protect your own interests and contact us or call 760-434-3330 to schedule an appointment for a remote or socially distanced consultation with one of our experienced Certified Family Law Specialists.