Paul Horton: Finding Assets After Divorce

It’s somewhat common for an individual to attempt to conceal assets and money before or during divorce in Utah, thinking they’re shielding them from the asset division process. However, doing this is strictly illegal, and it’s important to be diligent to make sure your former spouse is being completely honest about his or her assets.

There are plenty of tools for discovery at your disposal to help ensure you and your divorce attorney account for all marital assets and property. The following are a few of those tools and methods:

Document demands: Your divorce lawyer may send a legal order to your spouse to have him or her produce tax returns, loan applications, account statements and other types of financial records. This will give you a more accurate look at the amount of money with which you’ll be dealing.
Inspection demands: Your lawyer may seek permission to inspect safe deposit boxes, safes, locked areas and properties.
Questioning in writing: Your attorney may use requests for admission or interrogatories to force your former spouse to answer questions in writing or admit certain specific statements. Your ex-spouse is legally required to be truthful in making these written statements.
Testimony under oath: You, your ex-spouse and your attorney would give an oral deposition in front of a court reporter in this scenario. Your spouse is under legal obligation to tell the entire truth when it comes to the questions your lawyer asks. A failure to do so is considered perjury, which is a felony offense.

Advice from Marriage Therapists If You’re Considering Divorce

Many couples who are frustrated with their marriage and are on the verge of divorce decide to give marriage therapy a try. The hope is that they can work out their issues together in a mediated setting and save their relationship. While this does not necessarily work for all couples, it can help rekindle your connection and get past some of the issues that have brought you to the brink of divorce.

The following are some common pieces of advice marriage therapists provide to couples:

Conflict presents opportunities: In many cases, conflict can mean there is room for new growth in a relationship. The way a couple responds to these challenges may ultimately improve the strength of the relationship. Having a mediator to help you work through this conflict in a safe setting can help you and your partner get past these particularly challenging conflicts and achieve a new level of trust in each other.
Consider why you want to work on the marriage: Perhaps the best way to predict whether or not a relationship will succeed is the desire each party has to make it succeed, regardless of the challenges that pop up. Couples that take the time to work through their issues together are far more likely to have a long-lasting relationship.
Saying “me” instead of “we” is okay: When you are working through your emotions together, it’s okay to say “me” instead of “we.” That doesn’t make you selfish — it makes you honest. Instead of saying “we argue a lot,” say “I feel angry/frustrated when you say those sorts of things,” or “I know I contribute to these arguments by always having to have the last word.”
If there’s a small part of your marriage worth saving, hold on to it: Sometimes finding even just a small element of a marriage that both spouses truly appreciate can help springboard them into repairing the relationship as a whole.

Free Consultation with Divorce Lawyer in Utah

If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will help you.