If you are already divorced and suspect that your spouse hid assets during the divorce proceedings, causing you to “win” less monies, you are allowed, in most states, to file a motion with the court to set aside the final judgment or agreement. Of course, your motion must be filed within a reasonable time of your discovery the fraud. For example, in the State of California, you are required to file a motion revealing fraud within two years of discovering the fraud. You may have divorced 10 years ago, however, if you have just recently discovered fraud that occurred during your divorce, or during your marriage and it affected the divorce proceedings due to hidden assets, you have up to two years to report this to the court.

In the California case of Rossi v. Rossi (2001), the judge found that Denise De Rossi had intentionally hid her $1.3 million lottery winnings from her husband, Thomas. The judge’s finding was to charge Denise guilty of fraud, and to award the entire winnings to Thomas.

If you have not divorced yet, but are preparing to divorce, you can prepare for your case by uncovering any hidden assets that your spouse may have.

What should you do if you suspect your spouse has hidden assets?

1. Hire an attorney or investigator who is used to working with global asset searchers and who is comfortable with digital technology. You will want someone able to look at all the data on your spouse’s computer, cell phone, PDA and like devices. Hiding assets has become very easy due to the digital ease with which one can move money via a mouse click; however, those movements leave digital residue that can reveal where the funds went, or at least the moment they left domestic accounts.

   The key is to hire an investigator or attorney who specializes in collecting this digital information professionally and with speed. Your favorite attorney may have an expert in the field that he will sub-contract to detect hidden assets. Likewise, an investigator probably has several family law attorneys that he can recommend.
    

2. Take advantage of U.S. laws that require full financial disclosure and the performance of fair and honest dealing during divorce or separation. Family courts across the land are familiar with “fraudulent transfers” and can make the wronged spouse “right” through legal and equitable remedies, ranging from constructive trusts to the seizure of pension funds.

If you need help in uncovering hidden assets, A.M. Golden Accountancy Corporation offers a free initial consultation - To speak with Mr. Golden immediately, please call his direct line by dialing (760) 444-1913.  If you’d prefer, you may also send an email: al@amgolden.com

A.M. Golden Accountancy Corporation located in Carlsbad California which is in Northern Coastal San Diego County offers a free initial consultation.  The majority of our clients are located in San Diego, Orange, Los Angeles and Riverside Counties; however, we serve clients outside this area as well.

Mr. Al Golden specializes in providing expert witness, litigation support, income and estate taxation, comprehensive business valuation, forensic accounting, complete CFO and controller services. He is a Certified Public Accountant (CPA), Certified Valuation Analyst (CVA), a Diplomat of the American Board of Forensic Accounting (DABFA), Certified in Financial Forensics (CFF), and is a member of the American Institute of Certified Public Accountants, the National Association of Certified Valuation Analysts, and the American College of Forensic Examiners.