Whether you live in New Jersey (NJ) or elsewhere, one of the biggest sticking points in a divorce centers around finances. It is to be expected that some compromises will need to be made as spouses split their marital assets. However, when there are hidden assets in a NJ divorce, the conflict may just be beginning.
Under New Jersey law, both parties must fully disclose their assets. This is done in a number of ways. At the outset, each party is required to complete a Case Information Statement (CIS), which include not only assets but income, debts, and liabilities. This CIS must be verified, under oath, by the party presenting the information. In short, full disclosure is required for the NJ court to make an assessment.
Once the divorce is underway, your attorney can “discover” additional information by directing written questions, known as interrogatories, to your spouse. These are designed to uncover additional monies or assets, whether simply overlooked or hidden.
In addition, your attorney can use other means of discovery to obtain information. For example, a request for production of documents, also known as a Notice to Produce Documents) can ask for documents that you can use to discover additional assets or provide information on where additional assets may be found.
Like the CIS, interrogatories, notice to produce, and other forms of discovery must be signed, under oath, by the party answering the discovery. Documents and information from non-parties, such as financial institutions, may also be discovered by your attorney serving a subpoena upon these individuals or entities.
While hiding certain monies or resources during marriage may occur, either on a major or minor scale, failing to disclose assets during the divorce process is unlawful. Because all court documents and proceedings are made under oath, a spouse who has lied under oath and hidden assets in a NJ divorce may face severe penalties from the court. This alone should be a deterrent for some.
However, your attorney can dive deeper into your spouse’s business or financial matters through additional discovery processes, such as depositions and requests for admission. Another option is to use subpoenas and experts to delve into the electronic foot print of your spouse’s electronic devices to find cleverly hidden assets in a NJ divorce. For example, attorney Elizabeth Rozin-Golinder once proved a spouse was working for and owned a business by subpoenaing their EZ Pass records which showed the spouse getting on and off the New Jersey Turnpike at the same exit every day.
If you are concerned about hidden assets in a NJ divorce, you are looking for a divorce attorney who provides the knowledge and experience to uncover hidden resources and who is not afraid to ask the hard questions in getting you the most money. If you suspect your spouse has hidden assets in a NJ divorce, choose Elizabeth Rozin-Golinder and her associates at Rozin | Golinder Law. Contact the firm by filling out a Contact Form or calling (732) 377-3367.
