Check for fraud committed by your spouse during divorce.
The divorce process can be messy when it comes to splitting up the finances.One spouse will run up credit cards or open additional accounts in an attempt to cause financial ruin to the other.While you are still married, your spouse has the same right to the money in a joint account as you do.If you are in the midst of a divorce, there are things you can do to reduce your spouse's chances of exploiting the situation.
Step 1: Copies of checks that have been canceled.
If your spouse has taken out money without your knowledge or consent and forged your signature on checks, you can get them canceled from the bank.The amount of a check can be changed after you've signed it.If the numbers don't match the amount on the check, the bank will not honor it.If the check was processed digitally, this type of fraud may not have been noticed.If you get a canceled check from the bank, compare it to your own records.Look for checks written to your spouse and signed by you.
Step 2: Consider hiring a handwriting expert.
If you believe your spouse has committed check fraud by forging your signature, you may need a handwriting expert to analyze the signature on the canceled checks and compare it to yours.Signings that are questionable can be compared to your own signature by a forensic expert.You should compare the expert's fees to the amount of money you could lose due to check fraud if you hire a handwriting expert.It's a good idea to talk to your divorce attorney about hiring an expert.If your spouse forged your signature on checks from a joint bank account during your divorce, expert testimony may be what you need to get off the hook.You need independent, objective evidence that you did not sign those checks in order to convince a judge that the signature isn't yours.
Step 3: You should consult an attorney.
If you're dealing with check fraud committed by your spouse, you need an attorney to protect your interests and help ensure you aren't implicated in the activities.If you have a family law attorney working on the divorce, they may not have the expertise to handle the check fraud situation.If you fear that you or your spouse will be charged with a crime because of the check fraud, this is especially true.If that is the case, you should talk to a criminal defense attorney as soon as possible.Talk to your divorce attorney if you are unsure.They should tell you if they're comfortable handling the issue.They may have someone they trust and respect as a referral if they aren't.
Step 4: Call your bank.
If you have evidence of fraud, you should submit it to the bank.As appropriate, the bank will take action against your spouse.Most fraud statutes require you to notify affected financial institutions of the fraudulent activity after you discover it.The bank will take measures to make sure that you aren't responsible for fraudulent checks written by your spouse, and may take other action such as filing a police report.The bank may block your spouse from accessing your accounts until the fraud investigation is over, which will help to stop the behavior and limit your potential liability.
Step 5: If you want to file a police report, consider it.
Identity theft occurs if your spouse is opening accounts in your name or writing bad checks.You must file a police report if you have fraudulent debts.If your spouse's activities go beyond check fraud, this is especially true.Your spouse may have opened a new credit card account in your name and immediately maxed it out.You must be able to prove that your spouse opened the account without your knowledge.The better chance you have of proving this, the sooner you file a police report.If you're unsure of your spouse's activities, the first thing you should do is get your own credit report.Requesting a copy of your report won't affect your credit score, and can help you identify any new accounts opened in your name that you were unaware of.You can file a police report at the nearest police station.You should bring with you any documents or reports that show the fraud committed by your spouse.If you want to protect your credit from further harm, you need a copy of the police report to take further action against your spouse.
Step 6: Discovery requests should be made.
The process in which opposing parties share information is called discovery.Evidence of fraud committed by your spouse can result from these requests being answered under oath.Determine what types of discovery requests to make with your divorce attorney.The financial disclosure form is considered a part of discovery by the courts.You can determine what records you should request based on your spouse's answers to the financial disclosure form.You can use these records to determine if your spouse lied on the disclosure form.If you have found discrepancies in your spouse's responses to discovery and the answers provided on the financial disclosure form, your attorney may recommend that you deposing them.If your spouse lies during a deposition, he or she can be charged with perjury.
Step 7: There is a motion to compel.
You can file a motion in court if your spouse doesn't respond to your discovery requests.Penalties can include jail time for violating a motion to compel.If your spouse doesn't respond to your discovery requests, it's because you want to produce documents that would conflict with their statements on the financial disclosure form.Judges take discovery deadlines very seriously.Failure to respond to discovery requests in a timely fashion can cause serious problems for your spouse and attorney.Judges tend to be skeptical of excuses for failure to respond to discovery requests that seem intended to delay the proceedings.You may have to push your attorney.When there is another attorney involved, attorneys often excuse delays because they want to maintain a good relationship with that attorney.Let your attorney know if your spouse refuses to respond to discovery requests because they have malicious intent.
Step 8: You can compare records with your spouse's disclosure form.
You have the ability to uncover false statements made by your spouse on the initial financial disclosure form if you have acquired financial records through discovery requests.Pay particular attention to any accounts of which you weren't aware during the marriage, as well as any lines of credit that your spouse opened after you filed for divorce.If your spouse claims that records you believe exist, such as digital accounting records, were deleted or destroyed, analyze the responses to your requests carefully.A spouse trying to hide fraud or improper use of financial accounts may dump documents on you in response to your production requests.If your spouse sends paper documents that are not in chronological order, you should be suspicious.They might be hoping that if you are confused by the documents you will overlook their misdeeds.
Step 9: The judge should be alert to perjury.
A financial disclosure form is signed.Any evidence that your spouse lied on the disclosure form should be brought to the judge.Inform your attorney when you discover evidence of fraud committed by your spouse.If you are accusing your spouse of perjury, keep in mind that many judges will give you at least one chance to amend the financial disclosure form or other documents.You can sound the alarm, but you can't charge your spouse with perjury.Perjury is against the state and the judicial process.Bringing up evidence of perjury can help mitigate the damages you may suffer as a result of your spouse's fraudulent acts.
Step 10: Money can be removed from joint accounts.
You are entitled to half of the money in a joint account in most states.If you are worried that your spouse will drain the account, you should take your share of the money.Before you file for divorce, you should take an inventory of all your accounts.Take note of the institution, account number, and date the account was opened.You should note the automatic payments and deposits that are scheduled through that account.You have to change the payment arrangements if they are payments for individual bills or debts.Before you file for divorce, it's important that you take your money out of the bank account.Your ability to withdraw money from joint accounts will be restricted after you file for divorce.Even if your spouse is out of work, you should never withdraw more than 50 percent of the money from a joint account.
Step 11: You can open separate bank accounts.
Although you may have had joint accounts when you were married, having separate accounts to which the other spouse does not have access can prevent fraud and other financial issues during the divorce process.If you're worried about your spouse gaining access to your account, you may want to open it at a bank where neither of you have ever done business.If your paycheck is deposited directly, you should get a separate bank account in your name only and change the direct deposit so that it goes to that account.If you're paying basic living expenses out of your separate account, you should stop using the joint account.
Step 12: You should put a fraud alert on your credit report.
A fraud alert can prevent your spouse from taking out new credit accounts in your name without your knowledge or permission.There is no fee for setting a fraud alert.When you have a fraud alert, lending institutions must take additional steps to verify your identity before opening up an account or line of credit in your name.You can give the lending institution a phone number to call to confirm your identity.Your spouse would not be able to open accounts in your name if it is your personal cell phone number.You would tell the lending institution that you did not apply to open the account.You can place a fraud alert with any of the credit bureaus, and the other two will be notified to do the same.You can monitor your credit report for unauthorized activity if you place a fraud alert.
Step 13: Joint credit accounts need to be closed.
You are liable for half of the debts incurred if you have joint credit accounts.If you're concerned that your spouse will run up credit card balances during the divorce, the solution is to close those accounts.You are responsible for the entire debt if you are listed as a primary account holder.If your spouse is listed as an authorized user on your accounts, you should contact the bank or credit card company to remove that authorization before you file for divorce.Your spouse cannot run up additional debt if your credit cards and lines of credit are closed.If you need that credit, you won't have access to it.Your credit score can be affected by the closing of active accounts.If you're concerned that your spouse will rack up huge debts in your name and then leave you holding the bag, a lower credit score is a small price to pay.
Step 14: Financial records should be kept.
If your money is going towards a joint debt, make detailed notes of any payments you make using your separate money.Staying on top of your account balances and bills can protect you from claims that you are hiding assets.Subscribing to a computerized accounting software service and linking it to your separate accounts is a good way to keep track of your finances that requires little effort on your part.If you and your spouse have multiple joint accounts or a significant investment portfolio, you may want to consider hiring an accountant to help you keep your finances straight during the divorce.