If you are currently going through a divorce in Gwinnett County, property division is among the many issues you will have to address. To accomplish fair division of assets, it is imperative that you have a clear and complete picture of all marital assets and debts. But what if your ex is hiding property during divorce in Gwinnett County? Divorce can introduce a lot of hurdles, and this can be one of the most significant.
Create a Full List of All Assets
Attorney David Ward can help you compile a complete list of all relevant assets, which should include marital property (assets acquired during marriage) and separate property (assets either spouse owned prior to marriage or received as gifts). Comingled property combines both marital and separate property and can introduce more complication into the divorce.
You should gather financial records, tax returns, loan applications, debt records, and any other financial statement in your possession. Also ask your ex for copies of any of records that are in his or her possession.
But what if your ex refuses to give you these records, or if you suspect he or she is hiding assets? This is where you really need to work with an attorney like David Ward, who can help you formally request these records through the discovery process, discussed later.
Other Ways a Spouse Might Be Hiding Property During Divorce in Gwinnett County
In addition to simply withholding records, some spouses take other measures to hide property and assets during the divorce process. Below are some examples.
- Requesting an employer withhold bonuses until a divorce is final.
- Delaying collecting payment for services rendered until the divorce is final.
- Paying a friend or relative with money from a business for services he did not perform, which the friend or relative then returns to the spouse.
- Pretending to repay a debt to a friend or relative that does not exist, and then having the friend or relative return the money when the divorce is final.
- Hiding physical items and valuables like collectibles or jewelry with a friend, at a storage unit in another person’s name, etc.
These are just a few examples. There are countless others and some spouses go to extremes to hide assets from their ex.
Getting Financial Records Through Discovery
Discovery is a process that allows both parties to request evidence from each other. This might come in the form of requesting documents, requesting responses to written questions (interrogatories), inspecting property, and even testifying under oath in a deposition.
Failure to cooperate could lead to contempt charges and failure to answer truthfully can lead to perjury charges, so this can be a powerful tool to obtain accurate information. You will work with your lawyer to go over what exactly you will request during this process.
David J. Ward utilizes his experience with these cases to help his clients in Gwinnett County obtain a full picture of assets, and thus a fair division of marital property. To set up your appointment to discuss your divorce, property division, or your suspicions that your ex is hiding assets from you, call 770-383-1973 or contact us online.