The process of getting a divorce is inherently a stressful experience. But the prospect of your spouse not being fully transparent about their assets can add to the headache. To address this situation, New Jersey law provides legal remedies and discovery mechanisms that are worth knowing about.
Equitable distribution standards that apply
New Jersey uses an equitable distribution model. This means that the court will divide the marital property fairly, though not always equally, between both spouses. To reach that determination, the court evaluates factors such as the length of the marriage, each spouse’s income and the standard of living.
Red flags that point to hidden assets
Common signs of potential financial dishonesty can include:
- Making unexplained withdrawals or transfers from joint bank accounts
- Opening new accounts or credit cards without your knowledge
- Overpaying on taxes to create a refund after a judge finalizes the divorce
Digital assets like cryptocurrency have also made it easier to move wealth without leaving an obvious paper trail. If your spouse has shown interest in digital currencies or you notice unfamiliar transactions, that may be worth bringing to your attorney’s attention.
Discovery tools that can expose concealed wealth
New Jersey’s divorce proceedings include a phase called discovery that gives both you and your spouse the chance to request detailed financial information from one another. During this process, several legal tools can come into play:
- Case Information Statement (CIS): A required document filed by both spouses that outlines assets, debts, income and expenses.
- Subpoenas: Formal legal documents issued on behalf of the court that compel banks, employers or third parties to produce financial records.
- Depositions: Sworn testimony sessions during which your attorney can ask pointed questions about finances.
Discovery typically lasts between 90 and 120 days after the complaint is served, though complex cases can take longer.
Remedies that exist once the divorce is final
If you later learn that your spouse concealed wealth, New Jersey law allows you to petition to reopen your case on grounds of fraud, misrepresentation or newly discovered evidence. You generally have a year from when the judge issued the decree to take action.
