Do the courts investigate to see what assets a person has in a divorce? 13 Answers as of June 19, 2015

Will the court system investigate what assets I have in my divorce?

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James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
NO it is up to the opposing party to investigate using discovery.
Answer Applies to: Michigan
Replied: 6/19/2015
Law Office of Robert E McCall | Robert McCall
The court does not investigate but the opposing side may.
Answer Applies to: Florida
Replied: 6/19/2015
Mediation Services of Southwest Florida
Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
The Courts do not investigate. The Parties must complete and file a form called a Financial Affidavit. The form is signed under penalty of perjury. Each Party or their attorney has subpoena power and authority to obtain records from employers, IRS, Banks, Credit Unions, etc.
Answer Applies to: Florida
Replied: 6/18/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Courts very rarely undertake independent investigations. It's up to the lawyers to do so, and good ones do. If you are under oath, and you likely will be more than once, you must answer fully and truthfully. Lying or concealing property can cause you much greater harm than having to share some thousands of dollars. Find a good and ethical lawyer. They can help as lot.
Answer Applies to: Wisconsin
Replied: 6/18/2015
The Gufford Law Firm, P.A.
The Gufford Law Firm, P.A. | Joseph Gufford
No. The Court does not do investigations. It is not the Court's job to do that. It is up to the parties, usually through their attorneys to investigate such things, collect the evidence and then present the evidence to the Court if the matte goes to a trial or evidentiary hearing. The Court is not there to "help you". The job of the Court is to evaluate the evidence presented to it. The "court system" is kind of a wide term. The parties, the attorneys and the judges are all part of the court system. However, court personnel are not in place to investigate your assets.
Answer Applies to: Florida
Replied: 6/18/2015
    S. Joseph Schramm | Joseph Schramm
    The court will not assign an investigator. It will require each party to the divorce to file inventories of assets that each claim to be marital property and assets that are claimed to be separate property as well as their respective values. Where the parties disagree on the nature and value of the assets the court will schedule a hearing and, pending the hearing, the court will permit discovery to determine the nature and value of the assets as well as any assets one spouse feels that another spouse is concealing. If, at the hearing, the court feels that a spouse has been or has attempted to conceal assets or their values the results may not go well for that spouse.
    Answer Applies to: Pennsylvania
    Replied: 6/18/2015
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    Family law courts require full disclosure both community and separate assets to properly ascertain property for division and for calculation of support. Please meet with an experienced family law attorney to explore your legal options.
    Answer Applies to: California
    Replied: 6/18/2015
    Darrell B. Reynolds, P.C. | Darrell B. Reynolds
    Your asset could be considered in a divorce.
    Answer Applies to: Georgia
    Replied: 6/18/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You will have to report them. There are stiff penalties for failure to disclose.
    Answer Applies to: Michigan
    Replied: 6/18/2015
    Law Offices of Robert Burns
    Law Offices of Robert Burns | Robert Burns
    No, but all litigants in divorce cases are required by law to provide a detailed financial disclosure and every opposing party has the right to engage in extensive discovery and investigation.
    Answer Applies to: California
    Replied: 6/18/2015
    Walpole Law | Robert J. Walpole
    No, it is not the responsibility of the court system, but is your and your attorney's responsibility.
    Answer Applies to: Oklahoma
    Replied: 6/18/2015
    Law Offices of Julie A. Ringquist | Julie A. Ringquist
    No, but you do your disclosures under oath that they are complete. The other party is allowed to investigate, serve discovery, and subpoenas in order to determine the completeness of the documents. If it is later determined that the disclosures were not complete, the case can open up and any asset not disclosed can be awarded to the other party up to 100% for the breach of fiduciary duty owed between spouses.
    Answer Applies to: California
    Replied: 6/18/2015
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    No, they rely on the parties disclosures. You can hire an attorney to look into assets.
    Answer Applies to: Wisconsin
    Replied: 6/18/2015
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