Indianapolis, IN (Vocus) October 30, 2008
Do you have an eerie suspicion that your spouse, who is divorcing you, may have systematically and clandestinely transferred assets out of the marital estate to their own secret control? Are you worried that you are not going to get your fair share in the divorce settlement? Well then, act on those feelings and get an investigation underway immediately. What they find just might surprise you.
International Investigators, Inc. is a private investigative company headquartered in Indianapolis, Indiana. Asset investigation is one of the more common types of cases that they encounter. Almost 50% of the asset cases that they handle deal with divorce cases. Like many other states, Indiana is a no fault divorce state which means that the only purpose for marriage dissolution is "irreconcilable differences". Adultery, mental cruelty, etc. have no bearing on the divorce. Indiana and most other states provide for a 50/50 split of the marital assets.
To initiate an asset investigation, the spouse who suspects the other spouse of hiding assets has to warn their attorney so that the attorney can ask the appropriate questions in the interrogatories and discovery depositions, however, an attorney is only as good as the information available. The attorney or the suspicious spouse can contact an investigative organization like I. I. I. to search for hidden assets i.e.: bank accounts, stock brokerage accounts, real estate, off-shore trusts, etc. The most common place where assets are hidden are in stockbrokerage accounts, usually obscure online brokerage services.
Now, assuming that the hidden assets are located, International Investigators will tell the attorney where to send the subpoenas to obtain the banking or stockbrokerage information or provide the address and legal descriptions of real estate or where any other assets can be located. If the fraudulent spouse has already stated under oath that none of these assets belong to him or her, then the presiding judge can invoke perjury penalties or at least know that their credibility has been impeached.
If, during the divorce proceedings, the spouse is not aware that the other spouse has stashed assets out of marital estate, then most states have a six (6) year statute of limitations that allows the divorce decree to be set aside if evidence is produced that indicates substantial assets were fraudulently withheld. The six (6) year statute is absolute from the date of the issuance of the decree. Then the presiding judge can order that those assets be seized and divided. The 6 tips are:
- The spouse who suspects the other spouse of hiding assets has to warn their attorney so that the attorney can ask the appropriate questions in the interrogatories and discovery depositions
- The attorney or the suspicious spouse can contact an investigative organization like International Investigators, Inc. to search for hidden assets.
- The most common place where assets are hidden is in stockbrokerage accounts.
- Assuming that the hidden assets are located, International Investigators will tell the attorney where to send the subpoenas to obtain the banking or stockbrokerage information.
- If the fraudulent spouse has already stated under oath that none of these assets belong to him or her, then the presiding judge can invoke perjury penalties.
- Within 6 years, after the divorce decree, you can prove that your ex spouse fraudulently hid substantial assets out of the marital estate, then the decree can be set aside and you get your fair share.
For more information about International Investigators, Inc., please visit http://www.iiiweb.net.