New York State Law requires that all litigants in a divorce case must comply with financial discovery. However, many people either withhold information or many times lie about the extent of their assets. It is the lawyer’s role to discover the hiding place of the money. “There are a number of techniques which I use to get the truth out of your husband’s account and into the courtroom,” says Brian D. Perskin, an esteemed Brooklyn divorce attorney.
Divorce proceedings are complicated, especially when it comes to the division of assets. One of the most common concerns is determining the true extent of a spouse’s financial resources. In New York, as in many jurisdictions, full financial disclosure is required by law, yet some individuals still manage to conceal their assets.
Here’s how you can navigate these murky waters to ensure a fair settlement.
Understanding Financial Discovery in New York
Under New York State Law, all parties involved in a divorce must comply with financial discovery. This means each spouse is legally obligated to disclose all of their financial details, which can be scrutinized to ensure fairness and accuracy in the division of assets. However, not everyone plays by the rules. It’s not uncommon for some individuals to withhold information or even lie about their financial status.
The Role of Your Lawyer
The responsibility of uncovering hidden assets falls heavily on your attorney. There are several techniques that seasoned lawyers use to unearth the financial truths that a spouse may be trying to hide. Let’s explore some of the most effective methods:
1. Reviewing the Net Worth Statement
A good starting point is to examine your spouse’s net worth statement. Compare their reported income against their expenses. Discrepancies, where expenses exceed reported income, can be a red flag that there are other sources of income or assets not accounted for.
2. Analyzing Bank Statements and Checks
Bank statements and transaction histories can reveal a lot about a person’s financial situation. Regular transfers, large withdrawals, or unusual purchases can be tell-tale signs of hidden assets. If your spouse is reluctant to provide these documents, your lawyer can take further steps.
3. Utilizing Subpoenas
If a spouse refuses to voluntarily hand over necessary documents, lawyers can use a powerful legal tool known as a non-party subpoena. This allows your attorney to obtain records directly from third parties, such as banks and brokerage houses. These documents can provide a clear picture of hidden financial realities.
4. Subpoenaing Additional Records
In cases where property and high-value assets are involved, further documentation like mortgage applications or credit applications (for cars, credit cards, etc.) can be subpoenaed. These documents often contain detailed information about a person’s financial status and can reveal discrepancies in reported income and actual wealth.
The Importance of Hiring the Right Lawyer in Brooklyn
Uncovering hidden assets is a complex, time-intensive process. The effectiveness of these investigative techniques largely depends on the expertise of the lawyer handling your case. It’s crucial to hire an attorney who is experienced in dealing with complex financial investigations in divorce cases. An experienced lawyer will not only know the right questions to ask but also the most effective legal instruments to use to uncover the truth.
Contact us at 877-826-7257 today to get expert-guided legal representation.