When a couple decides to pursue a divorce in Massachusetts, specific processes must be completed by each party in order to divide marital property, assets, and debts in a fair manner. Financial disclosure procedures, such as discovery, are an important aspect of the divorce process since they affect the outcome of a divorce.
Discovery is a procedure designed to allow disclosure of information between
both parties. This process consists of document production, admissions
requests, as well as written and oral questioning. Financial information
that must be disclosed includes bank statements, insurance documents and
information, and loan/mortgage information.
The investigatory tools for discovery include:
- Interrogatories – These are written questions proposed to each party, which are
designed to obtain information useful in regards to determining how marital
property, assets, and debts are divided.
- Dispositions – A disposition occurs before trial and outside of the courtroom
without a judge or jury present. They are used to uncover information
that supports a party’s legal claims.
- Requests for admissions – Written questions where you ask a party to admit or deny a relevant fact.
- Requests for production – A written request which compels a party to provide certain documents
or other tangible items for inspection or copying.
- Appraisal – With the help a certified appraiser, he or she can verify the worth
of assets which belong to the couple.
- Actuaries – These are used to value benefits, such as retirement funds and pensions.
- Subpoenas – Summoning someone, such as a bank representative or employer, to court
to verify financial information of either party.
- Private investigation – A private investigator can be used to verify information of a spouse if
he or she appears to be hiding assets or not cooperating in the discovery
How Our Framingham Family Law Attorney Can Help You
Barach Law Group, we have access to expert resources who can provide you with the help
and answers necessary to gather information. There are many cases where
a spouse will attempt to conceal their financial records, assets or income
in order to obtain a better support agreement. Without discovery, you
run the risk of getting an unfavorable result.