Question:
My ex-wife is claiming she is starting to receive income from a new business venture she started with her new partner but provided no documentation of her income or the existence of the business.
First, does the court actually trust unfounded statements like this? Second, how can I confirm her income and that she is part of the business?
Answer:
First let me preface my answer by stating that I am not licensed to practice law in the state of California. I am unable to provide any specific legal advice as it relates to your question.
Often, a court hearing family law cases has no option but to either believe or not believe the statements of the witnesses because there may not be documentation to back up their statements. It is always a good idea from a litigation standpoint to provide documentation to support testimony, but it is not a requirement.
Your attorney should be able to conduct discovery to require your ex to provide documentation of her business. If her business is registered with the state, you may also want to try to obtain that information directly from your state’s government agency that regulates business organizations.
An attorney in your jurisdiction should be able to help you find out this information. Cordell & Cordell has divorce attorneys located nationwide.
Jason Bowman is an attorney in the Louisville, Kentucky, office of Cordell & Cordell. He is licensed in the states of Kentucky and Texas. He received his Bachelor of Science in Business from the University of Louisville, and received his Juris Doctor from Texas Wesleyan University.
