Chapter Eleven: How Can I Get Information if I Think the Other Party Is Lying?
In many cases, one spouse believes the other is lying or misrepresenting the existence or value of an asset or debt. The strategy for this is to engage in discovery which allows information to be obtained. This can be done in many ways. First, as above, each party has to provide the schedule of assets and debts and this is the starting place. Second, a request for written interrogatories which requires the answers to form questions. Third, a request for special interrogatories which requires the answers to specific questions. Fourth, a request for production of documents which requires documents to be produced. Fifth, a request for admissions which requires the spouse to either admit or deny a specific allegation. Sixth, a deposition which is testimony under oath but in the attorney’s office and not in the court house. Seventh, a subpoena may be sent to third parties to obtain information. Eighth, an asset search may be needed. Ninth, a private investigator can be hired to obtain evidence. There are many others as well and a careful analysis of the costs must be done prior to instituting any discovery plan.