QUESTION
Do the courts investigate to see what assets a person has in a divorce?
Asked on Jun 18th, 2015 on Divorce - Wisconsin
More details to this question:
Will the court system investigate what assets I have in my divorce?
8 ANSWERS
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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NO it is up to the opposing party to investigate using discovery.
Answered on Jun 19th, 2015 at 12:01 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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The court does not investigate but the opposing side may.
Answered on Jun 19th, 2015 at 7:40 AM
The Courts do not investigate. The Parties must complete and file a form called a Financial Affidavit. The form is signed under penalty of perjury. Each Party or their attorney has subpoena power and authority to obtain records from employers, IRS, Banks, Credit Unions, etc.
Answered on Jun 18th, 2015 at 9:43 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Courts very rarely undertake independent investigations. It's up to the lawyers to do so, and good ones do. If you are under oath, and you likely will be more than once, you must answer fully and truthfully. Lying or concealing property can cause you much greater harm than having to share some thousands of dollars. Find a good and ethical lawyer. They can help as lot.
Answered on Jun 18th, 2015 at 9:40 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You will have to report them. There are stiff penalties for failure to disclose.
Answered on Jun 18th, 2015 at 9:27 PM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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No, but all litigants in divorce cases are required by law to provide a detailed financial disclosure and every opposing party has the right to engage in extensive discovery and investigation.
Answered on Jun 18th, 2015 at 9:26 PM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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No, but you do your disclosures under oath that they are complete. The other party is allowed to investigate, serve discovery, and subpoenas in order to determine the completeness of the documents. If it is later determined that the disclosures were not complete, the case can open up and any asset not disclosed can be awarded to the other party up to 100% for the breach of fiduciary duty owed between spouses.
Answered on Jun 18th, 2015 at 2:45 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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No, they rely on the parties disclosures. You can hire an attorney to look into assets.
Answered on Jun 18th, 2015 at 2:44 PM