Enduring a contested divorce can be one of the most infuriating situations you will ever find yourself in. The whole process can get even more complicated and overwhelming if you discover that your spouse has been hiding assets from you, possibly throughout your entire marriage. It can change your perception of the person you thought you’d be spending the rest of your life with. Make sure you protect yourself with the help of a Columbia divorce lawyer.
Every court across the country expects divorcing spouses to be honest, forthcoming, and respectful throughout the process. Missouri is no exception.
If your spouse deliberately hides important details from the court or attempts to get out of their financial obligations through unethical means, they could end up facing serious criminal charges on top of vilification from the family court. If your spouse conceals necessary information, it could make things far more favorable for you.
Asset Division in Missouri
In a Missouri divorce, marital assets are generally divided through the equitable distribution model. This model ensures that both spouses are given a fair share of the assets acquired during the marriage. First, however, the court must analyze each spouse’s position in the marriage and their ongoing contributions in order to determine what a fair split would look like. Fair is rarely synonymous with equal, and it will be up to the court to choose how things are divided.
When the asset division stage of the divorce process begins, each spouse will be expected to provide a detailed list of their own finances and assets. If anything is deliberately left out, the court will likely admonish the spouse who attempted to hide assets, and criminal charges could soon follow. It’s not uncommon for a spouse to try this, especially in a contested divorce. They may want to risk criminal charges instead of splitting ownership of something with you.
There’s nothing wrong with trying to handle your divorce your way. Just make sure you don’t break the law in the process. According to data collected by the CDC, Missouri has one of the highest divorce rates in the country at 2.7 per 1,000 residents. At the same time, the marriage rate in Missouri was recorded to be around 5.8 per 1,000 residents, according to the Missouri Department of Health and Senior Services.
Dealing with a contested divorce can be an emotional rollercoaster, especially if you are handling it without a support system. You may want to consider reaching out to a local support group like Divorce Recovery for help. Having someone to talk to who has gone through a similar experience can be tremendously helpful for your healing journey.
Possible Warning Signs
As your marriage starts to crumble, there may be signs that your spouse is hiding assets from you in an attempt to avoid having to split them in the divorce. If your spouse is particularly adept at keeping secrets, it may be hard to notice these signs. Certain behaviors, however, may indicate financial issues that your spouse is deliberately keeping from you. Here are some potential warning signs of just that:
- One of the most common signs of hidden assets is financial secrecy. There’s nothing wrong with having a conversation about money. In fact, it’s a healthy topic to broach for most couples. If your partner refuses to discuss your finances in any way, it could be a sign that they are trying to keep you away from certain financial revelations. They may even try to gaslight you into thinking you’re crazy for speculating about it.
- Another common sign is financial control. You may not have even noticed that your partner controls every financial decision in the marriage. It may not be something you even thought of until now. If you can’t access your own bank accounts, there may be a serious problem that needs to be addressed. If your name is on the joint account, you can try to access it through the bank.
FAQs
Q: Can Hiding Assets Affect Child Custody in Missouri?
A: Yes, it is possible for child custody to be affected in a Missouri divorce when your spouse is caught hiding assets. Hiding assets in a divorce is considered a crime. The court may see it as a form of fraud, which may carry criminal charges. It also reveals the spouse’s character to the court. If the court feels your spouse no longer possesses the right judgment to be a committed parent, the custody arrangement could end up benefiting you.
Q: Is Hiding Assets a Crime?
A: Yes, hiding assets during a divorce is considered a crime in Missouri. If your spouse lies to the court or hides important details from the court, the court may seek additional criminal charges on top of a likely contempt of court charge. From there, the court may now view your spouse as someone of poor character and bad judgment, which can affect nearly every other aspect of the divorce, including child custody and alimony.
Q: Should I Hire a Divorce Lawyer?
A: Yes, you should seriously consider hiring a divorce lawyer to help you through this trying time. Getting divorced will not be an easy thing to go through on your own. Without good legal representation, you may not know what to do if certain setbacks arise or if your spouse is hiding assets from you. A good lawyer can take control of your case and help you work through everything that needs to be taken care of.
Q: Is Investigating My Spouse’s Finances a Crime?
A: No, it is not a crime to investigate your spouse’s finances, provided you do so through the proper legal channels. If you suspect your spouse is hiding assets from you, there’s nothing wrong with taking the proper precautions to keep your own interests protected. This may begin with finding the right divorce lawyer, who can then point you in the right direction of a private investigator.
Reach Out to a Lawyer
At Stange Law Firm, we can help you put together a strong case that proves your spouse is hiding assets from you. Contact us to speak to a team member about your case.
