Divorce Law

Unmasking Assets with Klenda Austerman

In a world where “till death do us part” can end with a paper shredder and a crypto wallet, your divorce attorney can act as the ‘The Da Vinci Code,’ only with less running and more spreadsheets.

In many marriages, hiding assets starts innocently enough: a secret savings account here, an undisclosed investment there. But once divorce papers are served, these little deceptions may turn into a full-blown disappearing act. Playing amateur detective might be fun but may not turn up much. The right lawyer will embark on the less glamorous—but far more effective—process of legal discovery to find those hidden assets and accounts.

During this discovery process, clients may be served “interrogatories” or “subpoenas.” While they may not sound like the tools of an exciting courtroom drama, they are used to effectuate legal strategy and discover and analyze financial assets. If used correctly, bank statements, tax returns, retirement accounts, and receipts that one party did not know existed may magically appear. And if not, the parties should be ready to engage in hearings and oral arguments before a judge.

And what, pray tell, is the grand prize?

Equitable Division—the pursuit of what’s fair. The Court will consider the following:
• the age of the parties;
• the duration of the marriage;
• the property owned by the parties;
• their present and future earning capacities;
• the time, source and manner of acquisition of property;
• family ties and obligations;
• the allowance of maintenance or lack thereof;
• dissipation of assets;
• the tax consequences of the property division upon the respective economic circumstances of the parties; and
• such other factors as the court considers necessary to make a just and reasonable division of property

Klenda Austerman, LLC, is here to help you with your division of marital assets: while love might be blind, justice has 20/20 vision.