DuPage County Divorce Attorney for Discovery of Hidden Assets

Kane County divorce and hidden assets lawyer

Divorce Lawyers Using Discovery to Protect Your Rights During Property Division in Wheaton, Naperville and Surrounding Areas

When a couple chooses to get a divorce, there are a wide variety of legal and financial issues that will need to be addressed before their marriage can be dissolved. Unfortunately, this process can become more difficult if one spouse attempts to hide assets or misreport income. This may be done to avoid having to divide certain marital assets, or a person may attempt to lower the spousal maintenance or child support payments that they would be required to make. To address any concerns about these matters, it is important to work with an attorney who understands how to use discovery to uncover all relevant information related to a couple's finances.

The lawyers of McSwain Nagle & Giese, P.C. have more than 65 years of combined family law experience, and we can help you determine how to address attempts by your spouse to conceal assets or income. We will work with you to gain a full understanding of your family's finances and ensure that all of your marital assets are divided fairly and equitably.

Methods Used to Uncover Hidden Assets

There are a wide variety of ways a person may attempt to conceal the assets they own or the income they earn during divorce. A spouse may hide cash or valuables in their home, a safety deposit box, or other locations, or they may transfer money to friends or family members under the pretense of paying debts. A family business can also be used to hide assets using methods such as paying wages to a nonexistent employee or overpaying business taxes with the intent of receiving a large tax refund after the divorce has been finalized.

During the discovery phase of the divorce process, a variety of methods may be used to reach a complete understanding of a couple's assets and debts and the income earned by each spouse. These methods may include:

  • Interrogatories and notices to produce - An attorney can request information from the other party that is relevant to the couple's finances. These may include written requests to answer certain questions, or they can take the form of requests for production of documents such as tax returns, bank statements, or business records. An attorney may also use a request for admission to ask the other party to admit certain facts.
  • Subpoenas - If a spouse has refused to turn over certain documents, or if information needs to be obtained from other parties such as banks or credit card companies, an attorney can request a court order that will require these documents to be turned over.
  • Depositions - If necessary, an attorney can interview a spouse or another party to ask questions about financial matters. These interviews are conducted under oath, and a transcript will be available for both parties to use as evidence during divorce litigation, if necessary.
  • Forensic accounting - In many cases, it can be beneficial to have an experienced accountant review a couple's financial records, including their personal bank accounts, credit cards, investments, business records, or any other relevant information. By having an expert look over this information, any discrepancies or omissions can be identified, and any assets or income that were concealed or misreported can be addressed properly.

Spouses are required to fully and completely disclose their income and assets during divorce. Failure to do so could not only result in adverse decisions being made during the property division process, but a spouse could also be held in contempt and face penalties and consequences.

Contact a Glen Ellyn Divorce Attorney for Concealed Assets

If you believe that your spouse has hidden assets or misreported income during your divorce, our lawyers will work with you to conduct discovery and ensure that you receive a fair share of your marital property. Contact our office today at 630-407-1200 to set up a free consultation and learn more about how we can help with your case. We help divorcing spouses address complex financial issues in Wheaton, Naperville, Warrenville, Carol Stream, Winfield, Glen Ellyn, Glendale Heights, and throughout DuPage County, Cook County, Will County, Kendall County, and Kane County.

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