Obligation to Disclose Information in Divorce

Both parties to a divorce have an obligation to each other, and to the court, not to leave out relevant information.  It is considered fraud upon the court to allow a divorce to be finalized without full disclosure, not to mention defrauding the other party, if failing to identify an asset would make a material difference to the terms of a divorce. Consequently, the duty to disclose is not limited to responding to the other party’s requests for information.  The duty to disclose includes identifying assets whether the other party affirmatively demands the information or not. Conversely, if one party seeks information from the other party which the other party considers irrelevant, that does not mean that the information does not need to be provided.  Even if the information is truly irrelevant, the refusal to provide the information will likely inflame the situation, and turn a request for irrelevant information into an unnecessary dispute.   The post…

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