Going through a divorce can already feel very challenging, depending on your unique situation. But it can become even more complex if your ex is hiding assets during the divorce in Ohio.
Do you suspect that your ex has hidden assets during your divorce case? If so, check out this article, where we will discuss marital asset concealment in Ohio and what your legal options are moving forward.
What Counts as Fraud in an Ohio Divorce?
It’s possible for one spouse to commit divorce fraud in Ohio if they fail to follow Ohio’s laws. These laws are in place to govern divorce cases so that the outcome is fair to both spouses. Because of this, couples are legally required to provide full disclosure for all sources of income, debt, marital property, separate property, assets, and expenses.
An individual can commit divorce fraud if they:
- Conceal financial resources, such as bank accounts.
- Intentionally underreport their income.
- Hide additional cryptocurrencies or investments.
- Transfer assets or property to third parties.
Keep in mind that these are just a few examples of divorce fraud. In any situation where one spouse intentionally violates the full disclosure law, this could result in fraud.
In a divorce case where fraud is suspected, the first step you should take is to contact an Ohio divorce lawyer. They can help you evaluate the situation to determine what you should do next.
Can a Divorce Settlement Be Reopened?
If financial misconduct is found during a divorce in Ohio, you have legal options. Ohio provides the option to file a motion to reopen divorce judgment based on misrepresentation, misconduct, or fraud.
Generally speaking, a motion to reopen divorce judgment has a standard deadline of one year from the date you received the original judgment. However, because of the nature of the situation, the deadline may be waived entirely if you can prove fraud, misrepresentation, or misconduct.
These types of motions are not taken lightly, and you will need to properly demonstrate how your ex-spouse committed fraud. If you don’t provide enough legitimate evidence to prove this, the motion may be denied and the original judgment left as is.
Evidence Used to Prove Hidden Assets
As you can see, you have legal options if your ex has hidden assets during your divorce case in Ohio. But you will need to be able to prove this without a doubt when you file your motion.
Here are some of the best types of evidence to prove that your ex committed fraud or hid assets:
- Social media: You can take screenshots of social media posts if your ex has bragged about their finances online or their lifestyle doesn’t match the information they provided during the divorce.
- Financial records: You may have access to or may be able to request a subpoena for financial records to show hidden or illegally transferred assets. Some examples of effective financial records include things like tax returns, property titles, and bank statements.
- Online communication: You may have emails or text messages that contradict financial statements your spouse made, such as information about their debt or income.
The good news is that you do not have to find and collect this information on your own when you get the help of an Ohio divorce lawyer. A divorce attorney can help you find fraudulent behavior and track down evidence that the court will take seriously.
Also, it is a good idea to hire a forensic accountant, who can help you uncover hidden assets that would otherwise go unnoticed. Their expertise is especially crucial for more complex divorce cases, such as those where your ex owns a business or has significant investments.
Consequences for the Spouse Who Hid Assets
When it’s proven that one spouse has hidden assets, this can come with serious consequences. How severe the consequences are will depend on each individual situation and are usually left to the discretion of the judge.
Here are some examples of potential repercussions for fraud or hidden assets in a divorce:
- Unequal redistribution of property, favoring the spouse who was the victim of the fraud.
- Damage to the credibility of the spouse who committed fraud, which can impact the new proceedings.
- Perjury or contempt of court charges.
- The offending spouse may have to pay the wronged spouse’s legal and attorney fees.
- Jail time for blatant violations or repeat offenses.
For divorce cases involving children, this could also impact the offending spouse’s fitness as a co-parent. Because their credibility will be damaged, this can have repercussions that impact things like child custody and child support.
The same rule applies to cases involving spousal support or alimony, as the offending spouse’s credibility will be significantly damaged. Having committed fraud or misrepresentation could also result in some of their rights being withheld, such as the right to present additional evidence.
FAQ Section
How do I know if my spouse is hiding assets?
This may be the case if your ex is demonstrating unusual financial behavior, there are missing statements, there are unexplained transfers, or their lifestyle doesn’t match their income information.
Can a finalized divorce settlement be changed?
Yes. You can get a new divorce settlement if you can provide the necessary information to prove that your ex-spouse committed fraud or concealed assets.
Is hiding assets illegal in divorce court?
The Ohio divorce court takes dishonesty very seriously, as fraud and misrepresentation are illegal. Because of this, violating this law can come with serious legal repercussions.
How long do I have to challenge a fraudulent settlement?
The average deadline to file a motion to reopen divorce judgment is one year. But this is not a hard deadline and may not apply depending on the circumstances.
Hire a Divorce Attorney in Ohio
Divorce fraud in Ohio is very serious and can lead to unfair division of marital assets, and if this is something you have experienced, you need to take action. Richard P. Arthur, Attorney at Law, has extensive experience handling Ohio divorce cases and can help you start the process of post-divorce litigation. To proceed with your case, contact us today at 937-254-3738 for a free consultation.