In a complex divorce proceeding, there are generally more than a few complicated issues to work through. At the outset, you want to make sure that you are working with an attorney who has experience handling divorce cases with substantial assets, and knows how to handle all of the complexities that could surface when you are dealing with foreign property, valuing business assets and dividing pensions.

After the complaint has been filed, and the answer and counter-complaint has been filed, a mandatory injunction can be issued which prevents the sale or transfer of assets and enjoins the parties from threatening harm against one another. A mandatory or automatic injunction has the force of law and if either party violates it they may be held in contempt of court and could be sent to jail.

The discovery process

Discovery is the investigative stage of the divorce process. It is where your attorney will identify the issues that are being contested, and figure out what the income, assets and debts of the two parties is. Depending on the type of case and the level of acrimony between the two parties, the information can be exchanged informally, or it can be done quite formally using documents that require notarized responses under oath.

• Interrogatories are written questions that are answered under oath, under penalty of perjury and within a specific time period.
• Request for production is a request for documents relevant to the case. When one spouse is not forthcoming with all of his or her financial information, your attorney can ask your spouse to produce documents such as tax returns, financial statements, credit card statements and other account records.
• Depositions are live interviews where your lawyer will ask your spouse certain questions which are recorded and transcribed by a court reporter.

If you suspect that your spouse has been hiding assets, once the discovery process is underway all of their responses are under oath and any deceptive responses or unwillingness to cooperate can result in severe sanctions by the Court, including being held in contempt by the judge, having their pleadings stricken, and attorney fees.

Depending on the specifics of your estate, your attorney will engage financial experts, forensic accountants, real estate appraisers and other specialists to help sort out the asset division process and come up with an accurate financial picture for mediation or for trial.

When you are working with a divorce attorney who has experience helping clients in complex divorce cases you can be assured that your interests will be protected. Contact Miller Upshaw Family Law, PLLC in Nashville to learn more about your options.