When facing a divorce, some spouses will hide their valuable assets in
an effort to save them from being divided. The “divorce discovery”
process can legally compel compliance from an uncooperative spouse if
you suspect that he or she is hiding assets. In this blog, our Las Vegas
divorce attorney explains the five steps of the discovery process.
Step 1: Document Demands
Your attorney can ask your spouse to disclose any specific financial documents
that may prove helpful in your case. These types of documents can include
tax returns, financial statements, loan applications and account records.
Step 2: Interrogatories
Interrogatories are written questions that you provide to your spouse,
and he or she will be required to respond to the questions while under
oath. By failing to be truthful in their response, your spouse will be
risking perjury which has its own set of legal repercussions. You can
take this opportunity to ask your spouse to describe, in detail, all of
his or her sources of income and if it was reported on a tax return.
Step 3: Requesting Admissions of Fact
This step of the discovery process involves a list of statements you believe
to be true that your spouse is required either admit or deny. If he or
she fails to do so, their failure to respond will be seen as an admission
that the facts listed are true.
Step 4: Requests for Production & Inspection
The purpose of this request is to allow you to seek documents from your
spouse for inspection. With these types of requests, the other party is
required to bring forth documents that are in his or her possession or
control. Banking records, for example, may not be in your spouse’s
possession but is in his or her control, and therefore must be made available.
Step 5: Depositions
Deposition testimonies can be used when a witness suddenly becomes forgetful
of what they once admitted to under oath at the time they were deposed.
Anything that is said during a deposition can and will be used in court
if you and your spouse are unable to come to an agreement in your divorce.
Leavitt Law Firm has been helping clients find solutions to the toughest
divorce cases for more than 25 years. If you’re currently filing
for divorce or if you suspect that your spouse is hiding assets, you’ll
want high-quality legal representation that is dedicated and trustworthy.
Call us today at (702) 996-6052 today or request your
free case evaluation online.