Identifying and Dealing with Divorce Fraud
The Intricacies of Marriage and Divorce May Lead A Spouse to Engage in a Deceptive Act, Hiding Assets or Debts, a Behavior Referred To As Divorce Fraud in New Jersey
Of all of the issues that come to the forefront in conflictive divorces, financial issues rank among the most common. There are many elements at play in a marriage and divorce, and sometimes one partner will use the complexity of the situation to attempt to hide assets or debts from their partner to get a leg up in divorce. The misrepresentation of finances in a marriage dissolution process is called divorce debt, and it is illegal. If you suspect that your spouse is hiding assets or otherwise misrepresenting the marital finances, contact our team at The Montanari Law Group today to learn how you can protect yourself to receive fair assets division in a divorce and ensure that your spouse is properly penalized for their illegal behavior. Read on to learn more about divorce fraud in New Jersey.
Understanding the Various Forms of Divorce Fraud in NJ
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.
Identifying the Signs of Divorce Fraud Through Practical Examples
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.
Steps If I Have Suspicions of Fraudulent Behavior
Divorce often doesn’t bring out the best in people, and it is difficult to tell whether a person’s abnormal behavior is a result of the stress of the proceedings or fraudulent behavior taking place. If you have even the slightest suspicion that your ex is misrepresenting or manipulating marital finances, then it is important to seek out the support of a divorce attorney. Provide whatever initial evidence you may have, or at least documentation of what raised suspicion. An experienced divorce attorney will direct you toward warning signs and request the necessary documentation to review for signs of fraud.
The Montanari Law Group Can Help Identify and Take Action in Cases of Divorce Fraud in Passaic County, NJ
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.