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December 26, 2007

Searching for Hidden Assets

Domestic relations cases are, by nature, never an easy process. Beyond the emotional issues, many times litigants fuel attempts to "strike back" or "get back" at the other by hiding money and claiming an inability to provide financial support. Here is what you can do:

1. Research and document assets. Often times, one might attempt to undervalue or disguise a marital asset knowing that they need to provide for themselves after divorce. If you know what you have, and inventory your assets, it will be easier to prove any bad faith on your opponent's part.

2. Make yourself aware of financial tactics. Your spouse may persuade an employer to delay delivery of a bonus, stock options, retirement benefit, or pay raise until after such time that a divorce is final. To prevent this, you may wish to take the deposition of your spouse's direct boss or payroll supervisor. Alternatively, using a forensic accountant may make sense.

3. Be crystal clear on the issue of joint accounts. Issues relating to savings and checking accounts, equity credit lines, credit cards, safety deposit boxes and property ownership always have to be resolved. If some of those assets are dissipated, you may have a legal action. Be sure to contact us about what you rights are in order to help you get your fair share of the marital estate.

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