Martial Tort FAQ's

If the injuries caused from the assault and battery are serious and substantial, then the case will be sent up to the County Prosecutor to review for a possible indictment.

4. What can a spouse do if a husband or wife tries to dissipate and hide assets prior to or after the filing of divorce? 

A very common problem in many cases is that after the complaint for divorce is filed, then one spouse attempts to dissipate and hide valuable marital assets. In such circumstances, if a spouse wrongfully transfers marital assets to a third party for no or insufficient consideration, then a cause of action may be filed against not only the spouse but also the third party based upon the fraudulent conveyance.

I have been frequently asked what is the difference between a legal separation and a divorce. My answer to this question is that a husband has more time to hide his assets if there is a legal separation rather than in a divorce case. 

In many cases, once a wife files for divorce, a husband will go berserk and panic by trying to hide his assets everywhere. Soon to be ex-husbands often have close family members hide their money and assets for them. Alternatively, a sneaky husband will also have his new girlfriend hide money or assets for them as well. In many cases, a tremendous amount of time must be spent on trying to uncover hidden assets concealed by a devious husband.

If a husband still attempts to hide and conceal assets, even after a probing investigation, then a good lawyer should amend the divorce complaint. The husband should also be sued for a fraudulent conveyance cause of action. At the very least, the filing of this type of lawsuit will force the husband to testify under oath what happened to the concealed money and assets. In many cases, a court will award the wife the marital home if the husband persists in hiding and concealing marital assets.

Continue Reading