legal separation & divorce pending. How do I make sure there will be a fair division? together for over 30 yrs. Is there a law protecting the other from hiding assets? Should i just let lawyers fight it out? Also, how do I find a lawyer that will wait for money since I don't have any way to get to any-- how sad
While there is no specific law against a spouse "hiding" assets, you will have to right in the divorce to obtain all documentation of his retirement and other accounts going back for several years. If you see large withdrawals coming out of those accounts, your lawyer should be able to trace where that money went and your spouse will have to provide that documentation, as well. You can also seek a preliminary order from the court prohibiting any dissipation of marital assets, which would then put a stop to any future withdrawals, assuming that your spouse follows the court order. If not, he would be in contempt of court.
It can be difficult to find an attorney who can work on credit with the hope of getting paid in the future, since obviously lawyers have to make a living. But if it is large amount of assets you are talking about, which after a 30-year marriage it may very well be, then you can often find a lawyer willing to take that on a contingency or deferred-payment basis.
This answer is given in accordance with the laws of Virginia and may not be applicable in any other state. It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case. If you need further information or assistance, please feel free to contact my office for a consultation.
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