Houston Marital Fraud Attorneys
Board Certified Specialists in Divorce Law
Betrayal can happen at any time in a marriage-and it takes forms other than an affair. If you suspect that your spouse is hiding assets, underreporting income, or spending money on a hidden affair, it is imperative that you take action to contest marital fraud. If you don't, your ex's betrayal will be rewarded, and you will be shortchanged in property division and in any maintenance calculations. You can't let that happen.
At Hendershot, Cannon & Hisey, P.C. , our Houston divorce lawyers have 25+ years' experience protecting clients in divorce cases involving allegations of concealed assets or other financial wrongdoing. Our attorneys have the analytic tools and litigation skills to aggressively enforce your interests. From our offices in Houston, we serve clients throughout Texas. We have the resources and resolve to do this in even the most contentious and complex cases.
Call (713) 909-7323 today to arrange a confidential consultation or contact us online.
Dividing Up Marital Assets? Make Sure All the Cards Are on the Table.
There are times when being patient or turning the other cheek makes sense. This is not one of those times. If you are getting divorced, you need to insist that your spouse fully disclose all marital assets. This disclosure is crucial, as property division and spousal support calculations require an accurate inventory of assets and income.
Some people go to great lengths to cheat the people they once pledged to love and cherish. Concealing assets may be easier for a spouse who handles most of the finances. However, even a stay-at-home spouse can potentially sock away money by taking it from a fund intended for household management.
Ferreting out where the money went and getting it back can be challenging. But as attorneys with years of experience handling marital fraud cases, we know where to look. This includes using financial investigators and forensic accountants as needed in difficult cases to track down the money and get it back.
Fighting Against Illegal or Underhanded Tactics
Concealing assets is not the only form of marital fraud. Your spouse may also underreport income or try to trick you into signing some sort of waiver of your community property rights. There are many ways that your spouse can try to gain an unfair financial advantage in a divorce. We will use all of the financial and legal weapons at our command to expose your spouse's illegal tactics and get all of the marital property cards on the table.
We will take all of the necessary steps to steps to fully determine the financial history that applies to your marriage. This includes reviewing a host of documents, from bank and retirement accounts to real estate records and loan applications. We will also have a close look at your investment portfolio.
We look closely for red flags for marital fraud. Before we even get started, you can ask yourself questions like these:
- Were you ever denied access to your accounts?
- Was your name ever removed from an account?
- Were all of your financial records kept at other locations?
Where Did the Money Go? It Is Not Too Late to Find Out.
There are many ways in which financial infidelity by your spouse can leave you in the lurch during divorce proceedings and thereafter. This is why we ask questions: to uncover the truth.
We will review bank records, retirement account records, real estate records, loan applications, investment portfolios, and other financial records to create a true picture of your spouse's assets. Deceitful spouses tend to be endlessly inventive in finding devious ways to deflect income and assets away from proper inclusion in a divorce settlement.
These ways include:
- Cash withdrawals
- Offshore tax shelters or bank accounts
- Undisclosed securities or other investments
- Accounting discrepancies in a small business
- False financial statements
- Fictitious losses
- Premature withdrawal of pension or retirement funds
- Fictitious corporations
- Underreporting of income or deferred compensation
- Dual sets of books
- Depositing funds in other names
It is not too late to find out what happened and make things right.
Our family lawyers in Houston have the diagnostic tools and outside resource network to identify where the money went. We can also interpret technical documents to understand schemes and trace funds to uncover deception and determine the amount by which marital funds were depleted or diminished due to fraud.
Did Your Spouse Hide Assets? Take Action to Protect Your Financial Future.
What should you do when you are facing divorce and suspect your spouse is not being honest about the family finances? Maybe you want to just let it go because you're sick of dealing with the deceit. Our experience has taught us that letting a spouse get away with marital fraud can really hurt your long-term financial future.
When a spouse squirrels money away or misstates the value of marital property, it negatively impacts your property settlement. Getting your fair share of the community property simply isn't possible when all property isn't there to be divided. Concealing assets or underreporting income can also harm your financial future, as alimony payments will be affected by any undisclosed assets.
Fortunately, the law provides a remedy:
In cases involving fraud, the Texas Family Code 7.009 allows the creation of a new marital estate, called "the reconstituted estate," which is the value of the community estate that would exist without marital fraud. If a court finds that fraud was committed, it will calculate how much the community estate lost as a result of fraud and add it back in to create the reconstituted estate. It will then divide the reconstituted state in a "just and right" manner.
As a spouse who has been wronged, you would get a chance to obtain a fair division of property. We have the experience to handle these challenging cases. With more than 30 years of experience, we have the skills and resources to aggressively protect your rights in the most contentious cases.
When to Contact an Attorney About Marital Fraud
Talk with an experienced lawyer right away when you suspect your spouse of financial wrongdoing, even if a divorce has not been filed. There may be telltale warning signs, such as missing financial statements or unexplained fluctuations in your spouse's income. The Houston divorce experts at Hendershot, Cannon & Hisey, P.C. are more than happy to hear your story and provide you with the next steps to take.
We are well-versed in detecting, tracing and recovering improperly handled assets. Call our firm at (713) 909-7323 to arrange a confidential consultation with an experienced divorce attorney.