Divorce proceedings often require immense insight into your and your partner’s personal lives. Sometimes, this can prompt feelings of vulnerability and emotional discomfort. It can be difficult to forgo personal documents to be examined in a courtroom. Thus, there can be situations where your opposing party may try to conceal or withhold documents that you know they have.
This situation can be very frustrating, especially if what they are concealing is crucial to your case. However, you still retain options to support your argument.
The Power of Adverse Inferences
If this happens, your attorney can legally require your adversary to provide certain documentation that may be relevant to the case at hand. They may do this in many ways, such as, formal discovery, subpoenas, or depositions. However sometimes, even with the other party’s fulfillment of these requests, they may still be able to disguise or even transfer assets that may be hidden.
When someone refuses to provide documents, they may have various reasons. If your partner does not provide complete information, your attorney can request the court consider an “adverse inference.” Essentially, your attorney asks the court to interpret the missing documents or information to be containing sensitive details.
For instance, your opposing party may claim their business is doing poorly and they are making below a livable wage, yet they live in an expensive home and post about their luxury vacations, which may not align. To find this discrepancy, your lawyer may request that your spouse provide bank statements and pay stubs. In return, your spouse may claim to have lost these documents, say they cannot access them, or ignore the request altogether.
You know they are being deceitful, but without the documentation, the court cannot see the reality of their finances. So, your attorney can ask the court to make an adverse inference, stating that the lack of documents shows the opposing party is hiding a worst-case scenario-sized truth. The court may then assume your opposing party makes significantly more money than they claim, since no evidence proves otherwise. In essence, their attempt to swindle the court could end up benefiting your case.
How We Can Help
Spouses who withhold documentation can influence scenarios like custody, alimony, and equitable distribution. In these situations, it is crucial to seek out an attorney experienced in the field who is truly on your side. Robert Kornitzer, Esq. of Kornitzer Family Law, exemplifies this, guiding clients through each step and overcoming each obstacle during their case.
At Kornitzer Family Law, we help individuals and families work through these decisions with clear, practical guidance. Located in Paramus, New Jersey, we serve clients through Bergen and Passaic Counties, and across all of New Jersey. We’re here to support you as you consider your options. If you think you’re ready to take the next step, call us today.
