Total honesty and disclosure are absolutely necessary for a
divorce to successfully and fairly reach a resolution. Even in a
contested divorce between two spouses who can hardly stand to be in the same room as one
another, sharing all relevant information to the divorce is a must. Otherwise,
the divorce will be dragged on, matters will not be handled correctly,
and a family law judge may even exact legal punishment against the person
that hides information.
In order to get more information from your spouse in divorce, you can use the
discovery process. For the most part, discovery processes and negotiations are used to uncover
hidden assets that might be subject to
property division, such as a savings account one spouse never knew existed. However, discovery
can be used to dig up any information that is deemed as relevant to the
divorce. It can also be used whether a spouse is intentionally trying
to conceal information, or if they have posed the argument that the unshared
information does not pertain to the divorce.
Tools of the discovery process include:
- Admissions of fact
- Requests for production
If all of these methods sound like something used in a criminal investigation
to you, it might be due to the fact that, in a way, it is an investigation.
The spouse trying to hide assets and paperwork might not technically be
committing a crime, but they are committing a family law wrongdoing. When
the wrongdoing is egregious enough, a family law judge can decide to penalize
that spouse by awarding more divorce rights to the other, like getting
a larger share of marital funds.
Negotiation Keeps Things Simple & Relatively Stress-Free
Wielding a legal stick to try to complete the discovery process can be
effective but it is not ideal, especially if you want or need to maintain
some sort of healthy relationship with your ex-spouse. Imagine if you share
child custody with a spouse who tried to hide information, requiring you to use discovery
methods to get it. Not many would consider that a fantastic familial setting
in which to raise a child.
At Hanson, Gorian, Bradford & Hanich, the firm's family law attorneys
in Temecula like to initially approach discovery situations with negotiation
in mind. Rather than prying information out of a stubborn spouse, they
believe in convincing them, or in reaching a settlement that benefits
everyone. In this way, less bridges will be burned and you can both move
into the next chapter of your lives more comfortably.
Want to know more about the firm's services? Call 951.506.6654 to request a
free consultation today.