Hiding Marital Assets in Divorce
What do you do when you believe your spouse is hiding marital assets in divorce? There are a variety of ways a lawyer can help locate assets that are being hidden by a spouse in a divorce, In Florida all spouses getting a divorce must comply with “mandatory disclosures.” Mandatory disclosures are documents that must be disclosed in every divorce except a simplified dissolution.
The mandatory disclosures are listed in Family Law Rule of Procedure 12.285. The mandatory disclosures are required to be disclosed in part to prevent a spouse from hiding assets in a divorce. However, if a spouse is hiding marital assets, many of the documents that must be supplied pursuant to the mandatory disclosure rule can provide trails of evidence to the savvy practitioner. For example, bank statements, loan documents and credit card statements must be provided by both spouses in a divorce and can provide useful clues to where the hidden assets are located. Fortunately, the law provides the ability to subpoena third parties for production of documents. Another issue that arises when a spouse is hiding marital assets in divorce is fraudulent transfers. Some assets may be transferred offshore, and some assets may have been placed in the name of third parties and or trusts. Depending on the facts, an experienced family law attorney has tools to claw back assets that are diverted for purposes of avoiding dividing assets in divorce.
If you believe your spouse is hiding assets in divorce, please call the lawyers at Filler Rodriguez LLP for a consultation 305.672.5007