Most people understand that divorce is an exhausting and often invasive process.
If you and your spouse are not able to reach a settlement quickly, the process can stretch out for months or even years. Because getting a divorce is an inherently personal process, it should come as no surprise that you and your spouse will likely be required to make some very personal disclosures to each other. In a divorce through the courts, this means that you, your spouse, your attorneys, and the judge all hear these disclosures.
Fear of some of these personal disclosures might lead you to wonder what information you could keep secret during the divorce process. In short, you probably shouldn’t try to hide anything.
Divorces through the court require several times when you are be asked to disclose information.
One such time is the required personal financial disclosures. These disclosures include such information as income, debts, and assets. Note that the required disclosures are more than just the assets and debts you think are marital assets. You will be required to disclose all assets and debts. The court will determine if these assets and debts are divisible in the divorce. In your DIYvorce, you might as well treat disclosure of income, debts, and assets the same way: full, frank honesty and a calm discussion about what are marital debts and assets and what are not.
In a court divorce you can also be required to disclose information during the discovery process.
Discovery can be written or in-person. The process allows attorneys to ask any question that is reasonably designed to lead to evidence that may be admissible during the divorce trial. This means that the attorneys can ask about your income and assets, but also about any potential affairs, social media activity, or your educational plans for your children, just to name a few. So again, honest discussion, even if painful, is the best way to go in your DIYvorce.
In a trial if you fail to disclose requested information either during the mandatory disclosure or discovery process, you can face severe penalties. For example, if you fail to disclose the existence of a savings account that you consider to be separate property, your spouse can bring you back to court at a later date and request that the account be reviewed by the court and divided. Moreover, if the court decides that you fraudulently and intentionally hid assets, your spouse could be awarded a larger share of the asset than he or she would have been awarded if you had disclosed it appropriately when asked the first time.
The best answer to any of these questions is open honesty. If you’re having problems or other questions about this, contact your DIYvorce representative.
Deciding to get a divorce is hard.
And then it seems to just get harder. But it doesn’t have to be that way anymore.
DIYvorce was created by Minnesota divorce attorneys who know that people need a path to their divorce that doesn’t require thousands of dollars and months of fighting. But they also need to know their divorce is done correctly, and that it resolves the couple’s disagreements.
DIYvorce is an easy-to-use path for for couples who are ending their marriage:
You work through a secure online interview to gather information.
You get helpful information about issues to consider as you work out how to legally part.
You have the opportunity to consult with legal professionals along the way. Your questions will be answered and you can be confident about your final divorce and the documents.