When it comes to a divorce, it’s completely left up to the spouses to either resolve matters peacefully or let things come down to a contested divorce.
In a divorce, it is often rare that children DON’T get stuck in the middle and get affected. While some parents are able to keep the children out of the conflicts in a divorce completely, the process may still end up in a contested divorce. However, the other option is the choice of settling the divorce without a battle in the courts. This is one of the best ways to resolve divorce without heat during the divorce proceedings.
Collaborative divorce processes are where both parties of the divorce try to settle all the issues between them without the litigation process. In this process, couples attempt to work out their differences in the divorce settlement but still seek legal protection.
One of the most prominent issues that arise in some divorces is where one of the spouses attempts to hide their income or assets. A certain concern that a spouse may have about the collaborative divorce process is deciding how they can make the other spouse to turn in his/her financial or business records if the spouse doesn’t have the court to force disclosure.
Fortunately, there is a way to force disclosure. If parties of a divorce enter into a collaborative divorce and one party refuses to disclose financial information, both parties can end up in court. Once this happens, the courts can force disclosure with the same result as in a voluntary disclosure but at a greater cost.
Do hidden intentions not to disclose financial information really make sense?
Even for litigation, it doesn’t make sense for a spouse to refuse to turn over financial records. It is especially unfeasible if there is a discovery process to force the disclosure of information. Sometimes, there could be the involvement of incentives for one spouse to delay disclosure. For instance, if one party delays the disclosure, he/she might identify that the other spouse won’t be able to afford the attorney’s fees to acquire the discovery process. However, there are remedies for these instances, such as the court ordering the spouse to pay for the other spouse’s attorney fees. This is done if the spouse’s misconduct causes unnecessary litigation expenses. Even if one spouse thinks it would be worth hiding income and assets because the amount seems too high, there are still plenty of investigators to find assets and money.
In some cases, one of the spouses may be unreasonable if they decide to be uncooperative because of hidden intentions to seek unfair results. If it comes down to this, instead of a more positive outcome from positively involved spouses, a collaborative divorce might not be the best choice.
If you and your spouse are willing to disclose all relevant information while obeying the laws of the court, a proper settlement and outcome can be secured. To be able to do so, however, you might need the help from one of the best divorce lawyers in Orlando. That’s where we come in. The Law Office of Erin Morse is one of the best Family Law Firms in Orlando. We ensure that our clients are offered with excellent, and they can be delighted with the results. If that’s what you’re looking for, contact us now for a consultation!