Uncovering Hidden Asset in a Divorce: How It’s Done

When couples divorce in Virginia, marital assets are divided in a process called “equitable distribution,” giving due to consideration to the contributions of both spouses and various other factors, as required under state law. In some cases, a spouse will conceal certain assets to attempt to avoid dividing those assets as part of the marital property. If you suspect that your spouse is hiding assets, it is in your best interests to consult with an experienced Virginia divorce attorney. Legal means are available for uncovering hidden money or other assets in a divorce.

At Kurylo Gold & Josey PLC, our Fredericksburg divorce lawyers are experienced in handling property division and all other aspects of divorce and family law. We can provide the knowledgeable legal assistance you need to search out and find assets your spouse may be hiding.

Legal Methods for Uncovering Hidden Assets in a Divorce

If your spouse is concealing assets, our Virginia divorce attorneys can collect information on your behalf through the legal process of “discovery.” Divorce is essentially a lawsuit, and discovery is a pre-trial process by which each party can obtain evidence in the case from the other party.

The theory behind discovery is that each party should go to court with as much information as possible, and that neither party should be allowed to keep secrets from the other, with a few exceptions. Discovery is accomplished through specific legal tools:

  • Interrogatories: Your divorce attorney will prepare a formal set of written questions and serve them on your spouse, who is then required to answer the questions in writing under penalty of perjury, within a specified period of time. Interrogatories can be employed to obtain information and identify concealed assets.
  • Request for Admissions: A set of statements will be prepared by your lawyer and your spouse will be asked to either admit or deny each statement. This is a method of obtaining information or verifying facts concerning existing marital assets and other facts in your divorce case. If admitted by your spouse, a statement is considered to be true for the purposes of your divorce trial.
  • Oral Depositions: Depositions are a discovery process conducted in the presence of a court reporter, who creates a record of all that is said. Your divorce attorney can depose your spouse or any witness who could supply information about your former marriage partner’s assets. A deposition is sworn testimony, taken out of court, and the penalties for perjury apply.
  • Request for Production of Documents: You have the legal right during the discovery process to demand that your spouse produce documents pertaining to the marital assets to be divided in your divorce. Requested documents may include electronically stored information as well as hard copies.

Our Fredericksburg divorce lawyers at Kurylo Gold & Josey PLC have experience uncovering hidden money in a divorce. If you suspect your spouse of covering up assets, contact us right away. We can help you discover the truth about existing marital assets during your divorce.

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Select Law Partners, PLLC

Legal issues can turn your life upside down. Our experienced attorneys serve clients in a variety of divorce and family law matters as well as criminal defense. To better help you plan for the future, we have significant experience with estate planning and asset protection. At Select Law, we provide our clients with customized solutions to their most challenging problems.

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