Hiding assets

[mrsdunkn]

What is the name of your state (only U.S. law)? Kansas
My divorce attorney informed my soon to be ex-husband and his attorney that I'm concerned that he's hiding assets. I really feel like she shouldn't have told them that. Also, it has been six months since the court order to access his account information and my attorney still hasn't gotten his bank statements. I have a feeling my attorney is helping my ex and his attorney. Should I be concerned?

 

[adjusterjack]

Should I be concerned?

Yes.

What does your attorney say about it?

That's who you should be talking to.

 

[not2cleverRed]

Yes.

What does your attorney say about it?

That's who you should be talking to.

However, OP should be clear about her goals before talking to her atty. It is unclear what OP is upset. Does she just want a divorce without splitting marital assets? Or does she think that the atty isn't being assertive enough in determining what the (potentially hidden) assets are?

If her concern is that things are not going fast and aggressive enough, she needs to calm down. There are rules, there is a process.

There is currently a court order for husband provide information about some assets. No bank statements have been provided by the husband. OP's atty has communicated to the husband's atty that OP is concerned that the husband is hiding assets. How is this "helping" the husband's case? Perhaps her atty is trying to establish that the husband is being willfully noncompliant with the court order.

 

[mrsdunkn]

I try not to call or email her because she's $300 an hour. She doesn't answer all of my questions when asked until I resend an email demanding that she does so. Right now I am waiting on my ex to send discovery information so that I can give it to a forensics accountant. FYI I'm not happy with her and I want to find another attorney but I've invested so much money at this point. I really need some advice on what I should do. I don't want to be too agressive with her to the point that I upset her. At this point I'm afraid of spending more money that I don't have. I filed in March of 2016. We have been to court twice. His attorney wants to set a pretrial date asap. I'm not satisfied with the discovery information at all. I refuse to set a pretrial date until I receive the necessary documents to give to the forensics accountant. How do I go about finding another attorney at this point in my divorce?

 

[Zigner]

I try not to call or email her because she's $300 an hour. She doesn't answer all of my questions when asked until I resend an email demanding that she does so. Right now I am waiting on my ex to send discovery information so that I can give it to a forensics accountant. FYI I'm not happy with her and I want to find another attorney but I've invested so much money at this point. I really need some advice on what I should do. I don't want to be too agressive with her to the point that I upset her. At this point I'm afraid of spending more money that I don't have. I filed in March of 2016. We have been to court twice. His attorney wants to set a pretrial date asap. I'm not satisfied with the discovery information at all. I refuse to set a pretrial date until I receive the necessary documents to give to the forensics accountant. How do I go about finding another attorney at this point in my divorce?

I'm confused - why are YOU waiting for the discovery? Your attorney is the one who will receive that from the other party and then review it with you. As for a forensic accounting, are you aware of that cost?

 

[mrsdunkn]

However, OP should be clear about her goals before talking to her atty. It is unclear what OP is upset. Does she just want a divorce without splitting marital assets? Or does she think that the atty isn't being assertive enough in determining what the (potentially hidden) assets are?

If her concern is that things are not going fast and aggressive enough, she needs to calm down. There are rules, there is a process.

There is currently a court order for husband provide information about some assets. No bank statements have been provided by the husband. OP's atty has communicated to the husband's atty that OP is concerned that the husband is hiding assets. How is this "helping" the husband's case? Perhaps her atty is trying to establish that the husband is being willfully noncompliant with the court order.

The answer to the above questions is yes to both. 20 years of marriage and he wants me to have nothing. I don't think she's agressive enough as far as determining his hidden assets. He turned over some bank statements but not all. I was concerned that there were other accounts so I requested we get the court order to check. After my reviewal of the statements we had origionally I saw immediately there was more money than he reported. He also dissapated assets. Thats why I have to hire a forensic accountant. I've asked her 5 times this year to request his personal and business tax returns. Because of my persistance, he has to give all updated discovery information to my attorney by Sept 30th. She says that she is a high volume firm hence the reason for her procrastination. I completely understand that this takes time. But it seems like she doesnt move until I start asking questions about where we are in my divorce. What should I do at this point??

 

[stealth2]

I would suspect that, when asked why you didn't want to set a pretrial date, your atty responded that you were waiting for discovery for a forensic acct to investigate the possibility that stbx is hiding assets.

If your stbx is not providing ordered documentation, you instruct your atty to request the judge order your stbx to pay legal fees you've incurred due to the delay on his part.

 

[mrsdunkn]

I requested to review all discovery information he sends us. Had I not reviewed the crappy discovery he sent over, and agreed with it, I would be divorced right now with nothing.

 

[Zigner]

The answer to the above questions is yes to both. 20 years of marriage and he wants me to have nothing. I don't think she's agressive enough as far as determining his hidden assets. He turned over some bank statements but not all. I was concerned that there were other accounts so I requested we get the court order to check. After my reviewal of the statements we had origionally I saw immediately there was more money than he reported. He also dissapated assets. Thats why I have to hire a forensic accountant. I've asked her 5 times this year to request his personal and business tax returns. Because of my persistance, he has to give all updated discovery information to my attorney by Sept 30th. She says that she is a high volume firm hence the reason for her procrastination. I completely understand that this takes time. But it seems like she doesnt move until I start asking questions about where we are in my divorce. What should I do at this point??

If you are not happy with your current attorney, start interviewing new ones...

 

[mrsdunkn]

I just want to thank you for answering my questions. I feel so relieved right now. You are being very helpful and I am so so very grateful! I feel so alone and I have absolutely no one to help me with this divorce. I have been reading and trying to learn as much as I can about this divorce process. I have so many questions that need answering. I'm happy I founf this forum. Thank you!!

 

[HRZ]

You might be wiser not to micromanage or second guess your attorney...I'm sure she has been down the road before with an adversary bent on hiding assets ...and knows how to play the situation better than you do, given that hubby seems like he has dirty hands .

 

[HighwayMan]

Forget about emails - schedule a 30-60 minute sit down with your attorney and get the information you are looking for. If your attorney has some grand scheme she should let you know what it is. Yes, it will cost you $150-$300 but it will either satisfy you as to what's going on or convince you to look for another attorney.

 

[stealth2]

You might be wiser not to micromanage or second guess your attorney...I'm sure she has been down the road before with an adversary bent on hiding assets ...and knows how to play the situation better than you do, given that hubby seems like he has dirty hands .

Disagree greatly. While the attorney is the expert, the client (aka employer - you are paying for the services) can and should be fully aware of what is going on. The atty has many cases, many of which may be more "important" to him/her; the client has one case, and it is the most important to them. Yes, a client should educate themself, but should also expect their atty to comminucate with them effectively.

Forget about emails - schedule a 30-60 minute sit down with your attorney and get the information you are looking for. If your attorney has some grand scheme she should let you know what it is. Yes, it will cost you $150-$300 but it will either satisfy you as to what's going on or convince you to look for another attorney.

Agree x a lot. And, really? If you can afford a forensic investigator? You can manage a 1/2 - 1hour consult. BUT! Make sure you write down your questions, don't get distracted. Maximize your time, and therefore your money.

 

[HRZ]

tax returns may not be the only place to check...many people seek to minimize reported income on same ..still, .they may hold important clues ..

Applications for financing or mortgages or lines of credit is one place where people tend to paint rosy pictures of their financial strength .

What do you mean by dissipation of assets ?

I'm in agreement with Zigner that you deserve effective communications from your attorney and you may well have a better understanding of his business operating mode than she does and can be helpful in targeting where to look and what does not seem correct ..