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Work with experienced legal counsel to prevent asset-hiding in divorce, P.1

Determining who gets what property in divorce is one of the central issues couples have to work through in divorce. Different couples, of course, have different financial profiles and circumstances, and need to build an appropriate negotiation strategy based on these factors.

One of the critical things an individual needs to do in divorce, particularly the financially weaker party, is to thoroughly engage the discovery process. In civil litigation, discovery is the process by which a party obtains evidence from the other party. Discovery can be both informal, done privately between the parties, and formal, done through the court according the rules of civil procedure in the jurisdiction. 

In both informal and formal discovery, an experienced attorney will know what precautions to take and what to look out for in order to ensure that they request the necessary evidence and that they have the ability to appeal to the court if the opposing party fails to produce the requested evidence. Making requests specific or open-ended, as necessary, helps ensure that there is a basis for appealing to the court when the evidence is not produced. Verification of an opposing party’s assertions regarding their financial situation is also important.  

It is particularly important to keep in mind the possibility that the opposing party could attempt to interfere with the production of requested documents and evidence, or to tamper with it before it reaches the court. Also, an experienced attorney always has to keep in mind the possibility of asset-hiding.

In our next post, we’ll pick up on this last point and look at how an experienced attorney can help represent a party’s interests in the discovery process of property division proceedings

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Tannenbaum Scro, P.L.
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