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Hidden Gems

By Miles D. Peterson on June 29, 2023
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Divorce proceedings can often lead to contentious battles over asset division. For the most part, parties go through the process and play by the rules. But every now and then, some individuals attempt to hide assets to gain an unfair advantage. This week we’ll talk about the potential consequences of such behavior and why you shouldn’t engage in it.

As usual when I’m writing about one of the shady parts of family law, I want to stress do not do this. You will be found out, and it will lead to your case going South faster than a goose in November. Hiding assets during a divorce involves various deceptive tactics. Common methods include undervaluing assets, transferring assets to third parties, creating complex ownership structures, or utilizing secretive offshore accounts and trusts are other techniques used to mask wealth. Additionally, some spouses may dissipate assets or incur hidden debts to reduce the overall marital estate available for division.

Concealing assets in a Texas divorce carries severe legal consequences. Parties involved in divorce proceedings have a duty to provide full and accurate financial disclosures. Should the Court find out that you have lied about your assets you will be punished. Consequences include giving the innocent party the full value of the hidden assets, holding the guilty party in contempt, and imposing sanctions on the guilty party and their attorney if they knew about it. Also should the divorce involve children, the party hiding assets can forget about the judge favoring them on that front.

The potential for hidden assets is why it is so important to have an experienced and skilled attorney on your side. Discovering concealed assets requires thorough investigation which includes but may not be limited to gathering financial documentation, employing forensic accounting techniques, and using discovery. In certain cases your attorney may even call in an expert who can trace the financial information of the guilty party.

It’s important to note that the burden for proving hidden assets is on the innocent party. It is essential to gather compelling evidence and present a strong case to the court. Cooperation between spouses and their legal representatives can expedite the process and lead to a fair resolution. Expert testimony and judicial discretion play important roles in evaluating the credibility of claims and determining appropriate remedies.

Photo of Miles D. Peterson Miles D. Peterson
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  • Posted in:
    Family
  • Blog:
    Dallas Divorce Law Blog
  • Organization:
    Michelle May O'Neil

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