When the time comes in your divorce proceedings to complete and sign the financial affidavit, you will be responsible for providing as much information as possible. This is a legal document that is recognized by the courts. It's never a good idea to lie on this document, which is done when people try to hide their assets. Here's how to handle your spouse lying on the financial affidavit.
There are a handful of tactics you and your divorce attorney can use to prove that your spouse lied on the financial affidavit, which can cause him or her to be held in contempt of court for lying.
One such method is to depose the spouse. This is testimony provided outside of the courtroom. The testimony is still considered sworn testimony, which means if the spouse continues to lie, he or she will do so while under oath.
Another method is to have your attorney request your spouse provide various financial documents. These documents can include bank statements, deposit slips, tax returns, check ledgers and applications for loans. These documents might be able to shed light on the possible lie.
A motion to compel can also be used to get your spouse to comply with your requests. If the spouse fails to comply, he or she can be held in contempt of court, could be issued fines and even could face time in jail in the most serious cases.
It's important to know ahead of time what assets you and your spouse have before filing for divorce, although it can be hard to determine if any are being hidden by your spouse. That's why the financial affidavit plays such a large role in the divorce proceedings.