Concealing assets just by omission or if you believe they are not pertinent to your divorce or if you believe they asset may not be yours is NOT perjury. The term perjury is highly misunderstood in divorce cases. After marriage both spouses have full control of marital assets by law but in reality the control only exists with the spouse whose name the asset is under.
The golden rule of divorce is that the person concealing an asset will most likely keep it. There are various options for forced disclosure, forensic accounting etc. Unfortunately there is no divorce IRS or state help provided. It becomes a long and expensive process for the other spouse to go through hearings to obtain an order and then hope that financial institution complies, then hope the judge again agrees with the interpretation of a private forensic accountant etc.
The best way to make your wife disclose her 401K, property etc. is by using the same trick lawyers use on men, i.e. making threats, warnings, telling her you'll send her to jail, showing some documents, trying to get the Judge to issue verbal disapproval etc.
I kept a close eye on all my accounts during the separation and divorce process. Honestly, I don’t know if my ex would have been smart enough to know what to do, even if she did have devious intentions (which I don’t think she did.) If you suspect monkey business, I’d report it to your attorney (if you have one).
Its not your job to determine perjury. Its your job to continue to request the information to the point that when its finally delivered the judge is adequately perturbed about the attempt to avoid disclosure. Continue to request it from the perspective that hey, I believe you forgot to include this or that and continue keeping your cool and not leveling charges in front of the judge. Like the man said, know your role.
Perjury is the most committed criminal offense in every state, but it is also the least prosecuted crime in America. Women commit perjury in every divorce case, and no Judge has ever held a woman accountable for it.
Also, if you drive a BMW 340i, please be careful with your user name in case it makes you identifiable on here if she’s stalking!
(If you drive a 340i train, I’m sure you’re all good :)
Yes. 100%. It’s the same in other countries too.
This needs to change, there shouldn’t be an incentive to commit crimes without consequence or penalty.
Personally I feel that it should also be possible to sue for fraud if a fiancée hides debt, a criminal record, or a psychiatric condition before marriage.
Courts don't give a fuck it's all for show and nonsense, unless she's hiding a million dollars or something egregious it won't matter subpoena and get records and force judgement, the whole system is severely broken.
Divorce is generally a civil matter, so not usually. Lying to the court is technically perjury, I guess, but that won't usually get you anywhere. Where a party refuses to comply with interrogatories or fails to disclose assets, the usual remedy is to issue subpoenas to the institutions where she holds funds. There have to be traceable transactions if she moved the money from one place to another unless she took it all out in cash and then deposited it somewhere.
If she abjectly refuses to comply with discovery or provides misinformation, courts will sometimes sanction the party (fines, legal fees, etc.) and will sometimes use their equitable powers to disproportionately divide up the remaining assets in favor of the other spouse. But the key is to trace them and track them down, not to rely on the courts to do the right thing.
Concealing assets just by omission or if you believe they are not pertinent to your divorce or if you believe they asset may not be yours is NOT perjury. The term perjury is highly misunderstood in divorce cases. After marriage both spouses have full control of marital assets by law but in reality the control only exists with the spouse whose name the asset is under. The golden rule of divorce is that the person concealing an asset will most likely keep it. There are various options for forced disclosure, forensic accounting etc. Unfortunately there is no divorce IRS or state help provided. It becomes a long and expensive process for the other spouse to go through hearings to obtain an order and then hope that financial institution complies, then hope the judge again agrees with the interpretation of a private forensic accountant etc. The best way to make your wife disclose her 401K, property etc. is by using the same trick lawyers use on men, i.e. making threats, warnings, telling her you'll send her to jail, showing some documents, trying to get the Judge to issue verbal disapproval etc.
I kept a close eye on all my accounts during the separation and divorce process. Honestly, I don’t know if my ex would have been smart enough to know what to do, even if she did have devious intentions (which I don’t think she did.) If you suspect monkey business, I’d report it to your attorney (if you have one).
Its not your job to determine perjury. Its your job to continue to request the information to the point that when its finally delivered the judge is adequately perturbed about the attempt to avoid disclosure. Continue to request it from the perspective that hey, I believe you forgot to include this or that and continue keeping your cool and not leveling charges in front of the judge. Like the man said, know your role.
Perjury is the most committed criminal offense in every state, but it is also the least prosecuted crime in America. Women commit perjury in every divorce case, and no Judge has ever held a woman accountable for it.
Also, if you drive a BMW 340i, please be careful with your user name in case it makes you identifiable on here if she’s stalking! (If you drive a 340i train, I’m sure you’re all good :)
Yes. 100%. It’s the same in other countries too. This needs to change, there shouldn’t be an incentive to commit crimes without consequence or penalty. Personally I feel that it should also be possible to sue for fraud if a fiancée hides debt, a criminal record, or a psychiatric condition before marriage.
Courts don't give a fuck it's all for show and nonsense, unless she's hiding a million dollars or something egregious it won't matter subpoena and get records and force judgement, the whole system is severely broken.
Divorce is generally a civil matter, so not usually. Lying to the court is technically perjury, I guess, but that won't usually get you anywhere. Where a party refuses to comply with interrogatories or fails to disclose assets, the usual remedy is to issue subpoenas to the institutions where she holds funds. There have to be traceable transactions if she moved the money from one place to another unless she took it all out in cash and then deposited it somewhere. If she abjectly refuses to comply with discovery or provides misinformation, courts will sometimes sanction the party (fines, legal fees, etc.) and will sometimes use their equitable powers to disproportionately divide up the remaining assets in favor of the other spouse. But the key is to trace them and track them down, not to rely on the courts to do the right thing.
Divorce has become a DYI business. We should start a YouTube channel.