My husband strategically hid our asset long before he told me he wanted a divorce. His parents worked along with him. I know for sure they hid some money for him,and some important documents. But I have no clue what hidden account the money was transferred out of, and no evidence either.
What can I do to get the truth/evidence out of this and protect my right? Can I have the in-laws as witnesses on trial, but what if they lie like they have been doing?
Your problem is, unfortunately, quite common. The first thing you should do is think about how much money was hidden, since digging is not free. Then, if the amount is large enough to look for you should try to find what account(s) it came out of. IF you can track down a bank account AND you have a transaction record actually showing a transfer to an in-law, THEN the Courts will usually grant relief.
Putting them on the witness stand if you have no documents to question them with and make them nervous, is unlikely to be worth the time.
Sometimes a private investigator can find interesting things with an internet asset search. If you look at your ex's Preliminary Declarations of Disclosure and he does not list a bank account (or real property) that comes up on an internet search you may want to subpoena that information.
Knowing where to start looking is often more than half the battle. I suggest that you speak with a good Family Law attorney to form a discovery plan.
As stated above -- I have NOT actually stated any legal opinion, because I need to know more before I can start to form one.
You will need to meet with and consult with an experienced family law attorney who is experienced in discovery matters. Many times it is necessary to obtain an expert to obtain an analysis of marital assets, and establish how much income your husband generated during the marriage, and have him explain where it went, through the discovery process.
If you have found this information helpful, please let the attorney know by marking best answer. Thank you. This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client relationship by providing said information to you on this site. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Law Offices of John N. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service.
Not only can you call the in-laws as witnesses at trial, but you can take their deposition before then. If they are going to lie, then you are not going to get the information that you need from them. It would be best to meet with a family law attorney and establish a comprehensive discovery plan, which can be very costly.
The answer provided is a general response based upon information contained in the query which has not been substantiated or otherwise verified. For complete advice particular to your individual situation, you should consult with an attorney in your local area that is well versed in family law.
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.
Years licensed, work experience, education
Peer endorsements, associations, awards
Publications, speaking engagements