Divorce is an innately messy process, even when both spouses approach the situation with level heads and a commitment to fair dealing. Of course, the reality of the matter is that very few couples are able to put their differences aside and think clearly and practically about dividing their assets and dissolving their marriage.
In fact, many spouses swing the other way and do everything they can to circumvent the law and keep the other party from obtaining a fair portion of some marital assets. In Texas, dividing property is even more difficult to swallow for some, because spouses must divide marital property equally.
In many cases, one spouse may attempt to hide assets in order to keep from losing half of them in the divorce. If you suspect your spouse of hiding assets, carefully consider steps you can take to find them and obtain your fair share.
First, you can look over the voluntary disclosure of assets he or she makes at the beginning of the divorce process. You may quickly identify some omissions from the disclosure or mistakes that point to some unfair asset protection.
You can also request involuntary disclosure if you believe that he or she is actually hiding assets. When executed properly, these involuntary disclosures generate legal pressure that compels the other party to respond truthfully and promptly.
You may also consider using a deposition to ask questions about assets you believe your spouse is hiding. A deposition creates a legally binding testimony that either side may use later in court.
Finalizing your divorce fairly is a lot of work, and it doesn’t get any easier by waiting until tomorrow to begin. Treat yourself well today and use the legal tools you have available to protect yourself and your rights from unfair asset hiding while you work towards freedom from your marriage and a fresh start on the other side.