Learn How to Deal with Deceptions in Divorce Proceedings and How Your Attorney Can Protect You
Posted on: October 18, 2023
It’s unfortunate, but during divorce proceedings, untruths can emerge. From inaccurate financial declarations to false allegations, deception can muddy the waters of an already complex process. This article delves into the different facets of deceit during divorce and offers guidance on navigating through them. Contact Law Office of Michael L. Fell at (949) 585-9055 to request a legal consutlation with a divorce attorney.
Common Divorce Deceptions
When emotions run high, some spouses may resort to bending the truth. Some typical areas of deceit include:
- Misrepresentation of earnings
- Denying the presence of certain assets
- Downplaying the worth of assets
- Distorting facts about a parent’s relationship with their children
- Making or denying allegations of child maltreatment
- Making or denying allegations of spousal mistreatment
Addressing Inaccuracies in Income Reports
It’s seldom that salaried individuals misstate their earnings, given the clarity of their paychecks. However, for self-employed individuals or those with private businesses, the temptation to underreport can be higher.
To unearth the truth:
- Gather financial records like bank statements, tax returns, and profit-loss statements.
- Consult a forensic accountant to scrutinize financial documents.
- Examine the personal expenses of the spouse in question. Income should reasonably align with expenditure.
- Engage in “discovery” to formally request relevant information and undertake depositions to get insights directly from the spouse.
Unearthing Hidden Assets
Assets can be concealed or their value misrepresented. But there are ways to bring them to light:
- Use formal discovery to ask direct questions and hold the spouse accountable under oath.
- Thoroughly inspect financial records. Taxable events can expose concealed income-generating assets.
- Engage a specialized investigator skilled in asset tracing.
- Leverage witnesses familiar with the deceptive spouse. Some might be privy to truths others aren’t.
Countering Deceit about Asset Valuation
Misrepresenting asset value, like underquoting the worth of a business or personal items like art, is not rare. To counter this:
- Obtain a formal valuation of the asset in question, whether it’s real estate, a business, or personal property.
- For specialized assets, such as intellectual properties, employ experts who can provide a precise valuation.
Tackling Untruths in Custody and Parenting Matters
Falsehoods surrounding child custody or parenting can be deeply unsettling. Some lies revolve around:
- Misrepresenting your engagement with the children
- Distorting the bond you share with your children
- Baseless allegations of child abuse or denial of genuine incidents
When faced with these allegations:
- Engage an adept family law attorney with experience in contentious child custody scenarios.
- Use discovery to hold depositions for the dishonest parent and potential witnesses.
- Trust in the process and maintain your commitment to securing the best outcome for your children.
Addressing Lies about Domestic Abuse
False allegations of domestic violence can be devastating. They can stem from exaggerated claims or outright denial of genuine incidents.
To confront such situations:
- Use the discovery process to gather evidence and witness testimonies.
- Remember that genuine incidents of abuse usually leave a trail—communications, evidence, or witnesses.
- Seek legal counsel to ensure that the truth emerges and justice is served.
Family Court’s Approach to Dishonesty
A major concern for many is whether deceptive tactics will go unnoticed in family court. However, the legal framework often holds deceitful spouses accountable. Potential repercussions include financial penalties, the denial of custody rights, or forfeiture of concealed assets.
While the legal journey might seem challenging, it’s essential to remain focused and committed to unveiling the truth. Dealing with deception requires resilience, the right support system, and knowledgeable legal counsel. When faced with dishonesty, remember that truth and justice can and often do prevail in the end. If you’re in this situation, consider reaching out to Law Office of Michael L. Fell for expert legal guidance. Give us a call at (949) 585-9055 .
