Photo by Phil Robson on Unsplash

One recurring problem that the family courts deal with is people who have not been open and honest with the other spouse regarding their income, finances, savings, debts or money in general.  Many people who are considering divorce have advised me that they are concerned about this issue as well.  This blog is written to very generally address how the family law court system can handle a spouse who has been secretive about the family finances.  If you have questions regarding this issue or any other questions regarding divorce or family law in Michigan, please contact us to schedule a consultation by clicking on this link or calling (248) 608-4123.

I Want To Get Divorced In Michigan But My Spouse Is Very Secretive About Money.

Having a spouse that is secretive about the finances can be a very difficult issue to handle during a marriage and adds significant stress to the other spouse's life.  When you file for divorce, the system is designed to help handle this problem.  There are several different ways to find out where money is, how much there is, how much is being or has been earned, whether money has been transferred out of the accounts and where, how much debt there is and many other financial, valuation or dissipation issues. .

To start a divorce case, one party files a Complaint For Divorce and the other spouse must file an Answer to the Complaint typically within twenty-one days.  Twenty-eight days after the Answer is filed with the court the parties are required to exchange Domestic Relations Verified Financial Statements (DVRFIF) with each other through their attorneys.  These forms require both parties to list all of their accounts, debts, property and other financial information.  It is signed other oath and if a party fails to provide information on the form or provides false information, there can be significant penalties and costs.

Then once the DVRFIF's are exchanged, attorneys have the ability to issue subpoenas directly to banks, credit and other financial institutions where the secretive spouse may have money.  This also applies to employers and accountants as well and the attorney has the right to send out as many subpoenas as needed.  The subpoenas can demand production of documents, answers to written questions or even to take the deposition of employees of the banking institutions or human resource managers with employers.  The attorneys can also send written questions called interrogatories to the other spouse that demand written answers to be provided under oath as well as demands for production of documents to the other party. 

As stated above the penalties and costs can be significant.  The secretive spouse can be liable for all attorney fees and costs spent discovering hidden assets and if the secretive spouse fails to provide information regarding an asset and the other spouse's attorney is able to discover the asset, then there is case law that states the court can award the entire asset to the other sopuse rather than dividing the asset in half as would normally occur.

This blog was written to very generally address how the family law courts in Michigan are designed to help an innocent spouse discover assets and other information in situations where one  spouse is being secretive or dishonest.  If you have questions regarding family law or there is a potential divorce in your future, please do not hesitate to contact us to schedule a consultation by clicking on this link or calling (248) 608-4123.