subject: Financial Dishonesty And Florida Divorce [print this page] When you end a marriage in the state of Florida, the best thing you can do is to try to work out the division of assets and custody, as well as other issues related to the divorce. If you are able to resolve these matters out of court and draft your own settlement, then divorce is a simple matter of a hearing where the judge reviews and signs off on your agreement and dissolves your marriage. Unfortunately, while an out-of-court settlement is almost always the best choice for a Florida divorce, this may not be the right option if your spouse is engaging in financial dishonesty or is hiding or withholding assets.
Financial Dishonesty and Florida Divorce
In Florida, property is divided using equitable distribution rules if the court has to make a decision on property division. Essentially, this means that the court is going to look at what is fair and right in distributing property based on the length of the marriage, the contributions (financial and otherwise) that each of the two divorcing spouses made, and other factors relevant to equitably dividing property. Equitable doesnt necessarily always mean that property will be divided up in an equal manner, but it does mean that the aim is to make sure each party gets his or her fair share. When two parties consider negotiating their own divorce agreement, they should also try to behave in an equitable manner and should refrain from making demands for assets or property if those demands are far above what they would reasonably receive if the case was decided in court.
In order for two parties to divide up property, however, it is necessary for both spouses to actually know what property and assets they own as a marital unit. If one spouse is failing to disclose information about his finances or assets, the court can compel that spouse to do so during a litigated divorce. This is one situation where a litigated divorce may be a better choice, since mediators and collaborative divorce coaches usually dont have any legal authority to compel either spouse to do anything (both mediation and collaborative divorce are usually voluntary and even if the court orders mediation, the parties can walk away at any time and a mediator does not make binding decisions on behalf of the parties).
If a divorce is litigated and the spouse(s) are required to turn over financial information and documentation, then a divorcing party who fails to comply with the order can be held in contempt of court and face penalties and possibly even jail time.
If a person turns over incomplete financial information or documents that the other spouse believes are false or misleading, it may also be possible to hire experts to testify as to the financial deception and to help to unravel what happened with the family finances. For example, in some cases, a forensic accountant could be hired to review past financial information and to help identify financial dishonesty or deception.
If you suspect that your spouse is engaging in fraud or being dishonest about assets during the divorce process, do not hesitate to contact an experienced Florida divorce lawyer as soon as possible. Your lawyer can advise you on how best to proceed.
