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Most people don’t get married expecting to get divorced. Unfortunately, keeping a marriage together takes hard work and dedication. If one or both parties no longer want to exert the effort to stay together, things can get pretty ugly.
What’s worse than getting a divorce? Getting a divorce from someone who doesn’t want to cooperate. When it comes down to money, ex-spouses usually have a hard time parting with it. They might even lie about how much they really have in an attempt to keep what is theirs.
For couples wanting a divorce, this type of deception has the potential to become a criminal offense. Lying during divorce proceedings can lead to stiff penalties for perjury.
But what can you do if you know your soon-to-be ex lied on their financial disclosure?
The Discovery Process
When your spouse refuses to voluntarily divulge their financial information through mediation, they are only hurting themselves. Although there are some people who relish making their insignificant other miserable, not being forthcoming with financial assets is a lost cause. Through the formal proceeding known as discovery, ex-spouses are mandated through the court to release all pertinent financial information. This includes their bank account information, loans, pension funds and pay statements.
If your spouse continues to be uncooperative, your divorce attorney may use the following discovery tools to obtain financial information from them:
Your lawyer can request that your spouse produces all pertinent documents such as tax returns, account statements and financial records to dispel their lies and learn the truth.
Interrogatories and Written Request for Admission
During the discovery process, your attorney will submit a list of questions to your spouse. He or she must answer these questions in writing. In addition, your attorney can also make a request for admission, meaning your spouse will need to admit or deny the truth of a statement under oath. If your spouse still continues to hide the truth, they are at risk for being held in contempt.
A sworn out-of-court testimony (deposition) is another discovery tool your attorney can use to expose the truth. Depositions are a very effective way to get to truth out of a dishonest spouse. Since a deposition is conducted under oath, if your spouse continues to lie, they could be charged with perjury.
Motion to Compel
If your spouse continues to be uncooperative during the discovery process, your attorney may file a motion to compel additional responses to your requests. The court can then compel compliance or impose fines against your spouse.
Tell Your Attorney if You Suspect Dishonesty
If you suspect your ex is being dishonest, you must let your attorney know immediately. When navigating the often turbulent seas of divorce, both parties sign financial affidavits. These are legally binding documents revealing financial information about the both of you. If your ex-spouse is withholding pertinent information, they are liable for their actions. Make sure you are 100 percent honest with your attorney. Produce all necessary documentation when it’s requested. This will all go in your favor when presented in the divorce proceedings.
This article was written by Criminallawyer-Chicago.com, the Chicago DUI attorney.