Fort Lauderdale Divorce Lawyer Blog

When you meet with your Broward divorce lawyer, you and your spouse will be required to produce and exchange mandatory disclosure including, but not limited to, tax returns, proof of income, evidence of indebtedness and a financial affidavit. The purpose of this discovery is so that your Fort Lauderdale child custody lawyer can have an understanding of the assets, liabilities and income of you and your spouse for the calculation of alimony, child support and other equitable distribution of your assets. However, in recent years divorce attorneys in Broward and Miami-Dade have begun to request e-mail, instant messages and text messages in an effort to strengthen their case.

In this day and age, e-mail, instant messages and text messages can be used in Broward and Miami-Dade child custody, parenting plan and time-sharing cases by your marital and family lawyer. These methods of communicating digitally may also be used to learn of adulterous relationships and dissipation, destruction and waste of marital assets. Additionally, forensic computer technicians are being retained to recover deleted e-mails, instant messages and files as well as providing Fort Lauderdale and Florida divorce attorneys with information that is relevant and likely to lead to further discoverable evidence.

When you meet with your divorce lawyer in Fort Lauderdale, Hollywood, Plantation, Weston or other cities in Broward, it is important to discuss any digital and technological information that your spouse's lawyer could discover during your case. Remember, even if you have deleted this information it still may be recoverable.

In some divorce cases filed in Broward County, the division of assets and accountability of income is clear. In other cases, the division of assets is not so straightforward. One spouse in a Fort Lauderdale divorce case may believe that the other spouse is hiding assets. Spouses may also disagree about their shared lifestyle which is relevant when your divorce attorney needs to determine alimony. When you file for divorce in Fort Lauderdale, your lawyer may request that you hire a forensic account to prepare your case and ensure that your divorce is based upon full disclosure of assets, liabilities and income.

Forensic accountants analyze the economic aspects of a divorce case. By reviewing financial documents such as bank statements, tax returns and corporate financial records, they develop an accurate assessment of the financial situation by evaluating when money is deposited, where assets are kept and how assets are distributed. All in all, the assets are examined for the purposes of child support, alimony and property division.

In calculating alimony and child support, a forensic account ensures that there is a truthful reporting of each spouse's income. For property distribution, the forensic accountant ensures that this is fair when there is not a full understanding of the marital assets and liabilities. If both parties have not actively managed the family finances, one may not be aware of all of the assets. If one spouse is trying to hide assets, an untrained person may have difficulty finding the concealed assets.

Not every divorce case requires a forensic accountant. Forensic accountants are often hired by divorce lawyers when one spouse owns a business. A forensic accountant investigates to make sure that a business is not being used to hide marital assets and reviews business transactions and business accounts to ensure that the assets are properly classified and disclosed. In addition, a forensic accountant can also value a business as well as analyze and distinguish marital and non-marital aspects of an asset.

A forensic account can also assist in resolving a dispute over the reported income or assets of either of the parties. Often, one spouse reports income levels that do not correspond to the lifestyle. Your forensic accountant will investigate and determine if your spouse has misrepresented his or her income.

The necessity of retaining a forensic accountant during your divorce depends upon the facts of your case. If you suspect that something is amiss, you should speak to your divorce lawyer about retaining a forensic accountant so that there can be a full investigation of the assets and incomes in your case. This will ensure that you are relying upon the knowledge and advice of a trained professional.