BBy the time a client first meets a divorce attorney, trust in their marriage has often broken down. Clients often feel that their wives are cheating on them in some way. But it is not always the traditional cheating that they suspect. Clients often think – or even know – that their wives are taking advantage of them financially. If you are concerned that your spouse may be hoarding hidden assets or covering up extravagant spending, or if you think they will accuse you of doing the same, it is essential to work with one Divorce lawyer Who understands how to gather the necessary evidence to uncover the truth and protect your interests.
“Clients should organize the information they suspect as best they can and present it to their lawyers,” says Lee Bodner, partner at Calabrese Bodner. “From here, a lawyer can help assess concerns and develop a plan to address them.” Bodner has made a name for himself in family court through professionalism, client defense, and strategic thinking. He is also a former commercial litigator, with experience in high-stakes, multimillion-dollar cases, both at the trial and appellate court levels. This expertise enables him to excel in high-conflict situations, navigating complex property disputes and contentious custody battles. “I have enhanced my litigation skills as a commercial attorney, particularly in handling complex discovery cases for which strategic planning is essential,” says Bodner.
Fraud and waste in divorce cases
In a divorce case, attorneys for both parties need to be aware of three types of potentially wasteful and fraudulent practices:
Transfer of military assets to third parties.
One way a spouse may try to deprive you of your fair share is by transferring the assets to third parties, including other family members, business entities, or business partners.
Excessive spending by a spouse during marriage or during the divorce itself can take many forms, including frivolous expenditures, extravagant purchases, and the accumulation of debt. If your spouse is accruing expenses without your knowledge, you may be entitled to a benefit.
Fraud usually occurs in one of two ways. Either the individual intentionally misrepresents something or they intentionally fail to disclose something, causing you harm. They deceive you with their words or deceive you with silence. “If fraud or waste is actually detected, one of the most important first steps is to ensure that you have comprehensively identified the full extent of the inappropriate behavior,” Bodner says. “This requires evaluating the documents and information you have and evaluating additional avenues available to build a complete picture of what happened. Sometimes that first discovery can have a cascading effect over and over.
Using discovery tools in divorce
While people often think of divorce cases as arguments made in the courtroom, most lawsuits are won or lost long before the case goes to court. One of the most important aspects of litigation is the discovery phase, which is the fact-finding and investigative part of the process.
During the discovery phase, both sides have the tools at their disposal to try to give themselves the upper hand. If you are dealing with fraud or wastefulness by your spouse, aggressive and strategic spotting is crucial. Asking the right questions at the right time and in the right way can turn the tide in your situation. Attorneys can request specific documents, ask written questions, and conduct depositions where witnesses are required to answer oral questions under oath. When attorneys know what to bring up and how to pursue potential weaknesses, they can uncover valuable information that will support their clients’ goals while undercutting arguments raised by the other side.
What, how and why?
When approaching the divorce discovery process, it’s helpful to think about what you need, how you’re going to get it, and why you need it. Knowing what you need takes a lot of experience. For example, if you are looking for information that would reveal flaws in the methodology or analysis used by the other side, your attorney should be able to identify the types of documents or questions that will provide that information.
Knowing how to get the information is the next step. Once you’ve determined what you’re looking for, your attorney needs to find the best way to collect it – through document requests, admissions, cross-examinations, affidavits, or a combination of methods. It is critical that you have an attorney who is experienced in complex discoveries and has the persistence to push for the information you need. You can’t assume that a spouse withholding information will hand it over so easily – for that you need a lawyer to fight for evidence.
Knowledge and information alone is not enough. Your attorney needs to understand why this information is important to your case and how to disseminate this information for your benefit. This requires a skilled advocate who knows how to synthesize and synthesize information to achieve your goals.
Get to the finish line
Information gained during discovery can be used to build leverage to settle a case, or the information can be used to make persuasive arguments in court. Either way, effective use of the discovery process may be what wins your case.
Make sure you choose a divorce attorney who knows how to handle the discovery process effectively. At Calabrese Budner, our legal team has litigation expertise that few family law attorneys can match, and we put the full range of our combined expertise to work for you every time. We craft information into persuasive arguments and know how to effectively present those arguments to a judge at every stage, from preliminary arguments to closing arguments.
To learn more about Calabrese Bodner and their expertise, visit calabresebudner.com Or call 214-939-3000.