Honesty is more than a virtue!! (How not to get the “stink eye” from the Judge)

by Michael Oliver | Published January 31, 2020

It is extremely important to be accurate with the information that you provide both to your attorney and the other party in a divorce. First, the information you provide to your Counsel will be used to complete financial affidavits that will be used both by the Court and other party to determine the marital estate and assess potential obligations for support. Second, it can very damaging to your case when the other side and the Court discover that you “forgot” or overlooked disclosure of what they may consider significant assets. Your audience in a divorce is not necessarily the other party or your attorney, but is really the Judge who will hear your case if you’re not able to resolve it outside a Court hearing. Understand that the Judge is ALWAYS assessing the credibility of witnesses who testify. There is nothing worse in a trial or hearing than having to backtrack and try and explain away your failure to disclose certain information. It is never good for your case and often provides the Court with the opportunity to justify actions that you may feel are unfair and the Court’s determination of witness credibility at Trial is rarely disturbed on appeal. In several recent large asset divorces handled by the Oliver Law Firm P.C., we discovered numerous assets, money and personal items, that mysteriously didn’t make it to the financial affidavits. After a thorough review of bank accounts and other statements, it became apparent that the other Party’s claim of “poverty” not only wasn’t true, but appeared to show a pattern of deceit which allowed the Court to balance the case in favor of our client after finding that the other side explicitly failed to honestly provide information to us and the Court.

Long story short, (I know….too late), be accurate in your disclosures and you will save time, money and attorney fees in the long run. As always, if you have any questions, feel free to contact us.

Also posted in DIVORCE, Uncategorized