You can also “depone” your spouse. You will have to reimburse them for gas and mileage no matter who they are if they aren’t willing to testify for you and you have to force them to come. This means that the judge or jury have to be convinced that there is a 51% chance that your side of the story is the right one, and that you are entitled to the “relief” or things you are claiming. . However, once you have issued a subpoena, they have to appear. If they don’t, they are in contempt of the court, and can even go to jail for not being there when they were called.
If your divorce is complicated enough that proving the value and location of assets is necessary, you should hire an attorney. If you are that well off, chances are pretty good you’ll never be one of my clients. However, this doesn’t mean that spouses don’t hide assets from each other. You can get copies of bank statements, credit card receipts, tax returns, or any other document that you need to prove your case. Your lawyer should be able to get your discovery for you, and ask the court for the right punishments or “sanctions” if your spouse is uncooperative. Before you put yourself to the expense of “discovery”, however, you should have good reason to believe that your spouse has information or documents you need his help to obtain. You can “propound interrogatories” which simply means that you can write the questions you have and force your spouse to answer your inquiries under oath. Most of us have to work for a living, and don’t have high class problems like where to get the Mercedes or Jag detailed, or whether the cook can find the specially cured caviar we enjoyed on the Riviera last season. Your frequent travels to the Cayman Islands or Switzerland may be so common as to not arouse suspicion when you are quietly transferring your vast fortune to dummy accounts under fake names. If she says something different in court, you have proof that she isn’t telling the truth.
Divorce: Discovery, A Weapon In Your Preparation Arsenal
by: Lucille Uttermohlen
Copyright (c) 2010 Lucille Uttermohlen
Finally, you can force people with the information you need to appear and testify at your hearing. This means you can make her answer questions under oath orally, with a court reporter, to record exactly what she said. You will have to pay them for their time if they are professional, like accountants, appraisers or counselors. Too many times, one party to a divorce knows little about the marital debts and assets. Even when they can prove that a piece of property exists, they frequently find themselves confronted by claims that the property has no value because of the massive debt against it.
If you are extremely rich, and haven’t been married very long, it may be possible to squirrel away assets and have your spouse be none the wiser. Otherwise, you could spend hundreds, even thousands of dollars paying for things you already have.
You can demand information from your spouse through a process called “discovery”. Any time you sue someone in a civil matter, such as a personal injury case or a divorce, you have to prove your case by a preponderance of the evidence. Here is what your lawyer or you can do to make sure you’re not victimized by the fact that you once said “I do” to a sneak.
Discovery is the process of formally asking for the information you need that is possessed by the other side. Consequently, they are burned in court, because they can’t prove something they know is true, but don’t have documents to verify
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