Divorce fraud occurs when a spouse misrepresents their finances in a divorce, deceitfully transfers marital assets, or spends marital assets in an effort to deprive the other spouse of their equitable share. Divorce fraud can occur in many forms. A person may commit divorce fraud for a number of reasons, either to come out of the divorce financially ahead or, contrarily, to maliciously attempt to make their spouse come out behind.
Some examples of divorce fraud include providing an undervalued income statement, reporting elevated expenses, exaggerating debts, spending marital assets to diminish available funds, and hiding or transferring marital assets to avoid reporting them. Certain behaviors identify possible divorce fraud, so it’s important to be on the lookout for seedy behavior. Signs of divorce fraud include a spouse withdrawing large amounts of money or successive small amounts without explanation, not allowing you to see the financial documents or behaving erratically when you ask them to see them, changing the amount of income that is deposited into the joint accounts, opening a secret account, or asking you to sign documents hastily without letting you run them by your attorney.
When it comes to divorce, there are many different ways it can go. Even an amicable relationship can hide a fraudster just under the surface. An experienced divorce attorney will help you remain proactive in looking for signs of financial manipulation so that you can ensure that you are awarded your fair share in a divorce. Your attorney will gather all relevant documentation outlining the couple’s marital assets, including the Case Information Statement, which provides all financial information about your spouse. Your spouse is required by New Jersey law to accurately and completely report their finances, and a qualified attorney will thoroughly review the document and follow up to ensure the information’s integrity. They may even work with you to hire a forensic accountant to investigate your spouse’s finances if it is suspected that foul play is at hand. If your spouse has committed divorce fraud, your attorney will see to it that they are penalized to the full extent of the law.
This could include paying your full legal fees for the divorce, compensating you for lost marital assets (either through a spousal support agreement or an adjusted distribution of remaining marital assets), and/or imposing legal sanctions. Divorce fraud is serious business, and you need an experienced divorce attorney working on your behalf to ensure you receive full financial equity in a divorce. Our team at The Montanari Law Group has successfully weeded out divorce fraud for clients in Elmwood Park, Kearny, Montclair, West Orange, Haledon, Wayne, and or other Passaic County and North New Jersey neighboring towns, and we’re ready to go to work for you. Contact us today at (973) 233-4396 if you suspect your spouse is hiding or misrepresenting marital assets in preparation for or during your divorce. You’ll be glad you did.
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