When filing for divorce, you hope that things can be done as quickly and honestly as possible. If you and your spouse are on the same page, you can end the marriage amicably and divide the assets fairly. But that is not always how things go. If you are filing for divorce and suspect that your spouse is lying about their financial picture to protect their own interests, do you have any recourse?
Splitting up finances when a marriage dissolves can be difficult under the best circumstances. While it is always in the best interests of both parties to go into the divorce proceeding honestly to avoid complications, there will always be some who believe they can get away with something. In some cases, if one spouse was having an affair that has yet to be discovered, certain finances may reveal this truth. Sometimes one spouse is ashamed about running up debts from gambling, overspending, or other addictions, and doesn’t want the truth to come out. But most often, one spouse will lie because there are assets they don’t want to share. Some spouses believe that their ex-spouse is not entitled to certain assets, property, or earnings, and they are willing to lie and hide those assets to keep a fair division from happening.
It is the duty of both spouses to ensure marital assets are protected and distributed equitably. Any hidden assets or a misrepresentation of assets would cause a severe legal complication for the responsible individual. If the discrepancy is discovered, the court will often favor the other spouse. If one spouse is misrepresenting the financial picture while under oath, they could face more serious penalties, even jail time for perjury, when the lying is uncovered.
Finances can be complicated and mistakes can happen. Not all financial misrepresentation is intentional. However, to avoid this yourself, speak with your divorce attorney about what information you will need to gather and allow them to advise you when filling out the financial affidavit. If you feel your spouse is lying, or, in many cases, when you know they are lying to avoid splitting certain assets, there are things you can do. Forensic accountants can often uncover most, if not all, of the debts, assets, and other pieces of the financial puzzle and present the truthful findings to the court. If you have any suspicions that your spouse is trying to hide their true finances, speak to your attorney about bringing in an expert.
Not all divorce attorneys are created equal. You need to find a lawyer who is local and understands the state divorce laws. If you suspect that your spouse is lying about their financial picture to hide assets or cover up a secret, you need a local attorney who knows the right professionals to find out the truth. As soon as you begin the process, you should speak with your attorney about your suspicions so they can get to work quickly and give you the correct information about the consequences in Ohio. Every divorce is different with its own unique complications, so when you initially meet with your divorce attorney, be ready with your questions and concerns.
Divorce laws are there for a reason. While one spouse may not want to share all the assets, the law is there to protect both spouses and divide the debts and assets fairly. If you are caught lying, the consequences can be severe. Trust your attorney to protect you and look out for you, and if you suspect your spouse is lying, let your attorney know. If you’re going through a divorce or plan to file for divorce, and are looking for experienced legal representation, contact my office today.