People who lie during a marriage are quite likely to lie during a divorce. Even those who have been relatively respectful and honest during a marital relationship may change during divorce proceedings. The intense emotions that accompany the end of a marriage may motivate people to lie about their circumstances, their relationships or their finances. They hope to punish their spouses or manipulate the divorce process in their favor.
Spousal fraud typically falls into two categories. Some people commit fraud to manipulate the property division process, while others try to make fraudulent allegations to influence custody proceedings. How can people respond to spousal fraud during a divorce?
Proving financial misconduct
Spousal fraud during a divorce often relates to the division of marital property or support orders. One spouse might try to hide assets. They could divert income from shared accounts and lie about what they earn. They might intentionally damage or destroy property. Some people even give assets away or sell them to others with the intention of reclaiming them after the divorce.
Spouses who suspect underreported income, falsified financial records, hidden assets and other forms of financial misrepresentation may require the assistance of a forensic accountant. If they can prove that one spouse lied, that may influence the outcome of property division or support proceedings. Spouses can also request formal discovery for financial matters as a means to prevent or address financial fraud.
Addressing fraudulent allegations
Those attempting to manipulate child custody proceedings might make fraudulent claims about their spouses. They might exaggerate how regularly they consume alcohol, fabricate claims of domestic violence or otherwise try to malign their spouse to acquire favorable custody terms. Avoiding in-person conflicts, committing to written communications and even seeing a parenting coordinator or mental health specialist could help people get ahead of fraudulent claims intended to manipulate custody proceedings.
Those who have already experienced spousal fraud in the early stages of divorce or who worry about it occurring may benefit from seeking legal guidance and support as they prepare to negotiate or litigate custody and property division matters. Partnering with a legal professional can help concerned spouses protect themselves when they’re addressing financial fraud and/or attempts to manipulate custody proceedings.