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…
It is always advisable to start out by reviewing the net worth statement of your spouse; see if his or her expenses are greater than the income reported. Next, I review all bank statements and checks that are written. There is a wealth of information in a person’s personal banking records. If a spouse is refusing to turn over any documents, the next thing to do is subpoena all of the records directly from the banks and brokerage houses.
In fact, lawyers in New York have a powerful tool, call a non-party subpoena. And, they even have the right to conduct an examination. That is before the trial of non-party witnesses. So, if the spouse owns the property, the lawyer should subpoena mortgage applications. And, any and all applications for credit, including car leases, credit card loans, etc. However, it is a very time-intensive task. Therefore, if your spouse is playing games, hire the right lawyer.
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