The Courts generally favor full disclosure during litigation and divorce cases are no exception. If you are contemplating divorce or are already involved in a divorce case, you are entitled to learn of all assets of your spouse. It is not unheard of for married couples to hide financial information from each other especially when the marriage begins to deteriorate.
The Official Code of Georgia and the Uniform Superior Court Rules explicitly set out the procedure for compelling your spouse to turn over to you the information regarding their assets.
Generally, after a divorce is filed and the other spouse has been served and files his/her Answer, what is known as the “discovery period” begins and lasts for a period of six months. During this “discovery period” each spouse is permitted to ask each other written question, known as “Interrogatories”. Each spouse is also permitted to ask each other to turn over documents that may be relevant to the divorce case through a “Request for Production of Documents”. If necessary, each spouse can send a Request for Production of Documents to persons or companies that are not party to the lawsuit. The spouses do not have the right however to send Interrogatories to anyone other than each other.
Not only can each spouse serve Interrogatories and Request for Production of Documents, each party can “depose” each other or persons that may have relevant information related to the divorce case. During a deposition, a person is being asked questions under oath by the attorney that caused the deposition to happen while a court reporter takes down the questions and answers. The person being deposed can be asked anything related to the divorce case including questions regarding one spouse’s assets.
Through a diligent use of these discovery mechanisms mentioned above, one can discover if and what assets their spouse may be hiding. An experienced divorce and family law attorney will have the ability to tailor the discovery requests in order to elicit the relevant information and ascertain if the other spouse may be hiding other information.
If you are contemplating divorce and have questions regarding your spouse’s hidden assets, contact Attorney Yolvondra Martin for your consultation.
The Martin Law Group | 404-248-4898 | firstname.lastname@example.org