Sarasota Divorce

Archive for August, 2012

Divorce Depositions: Questions about Bank Accounts, Investments & Retirement Accounts

Thursday, August 16th, 2012

At the Law Office of Matthew Z Martell, P.A. we will use depositions as a tool during your divorce proceeding to discover relevant and material facts, determine the strategy of your case, and search the conscience of the deponent.

During a divorce deposition, our attorneys will focus on several subjects that are important in any divorce proceeding: bank accounts, investments and retirement accountants. Below is a list of questions our attorneys will focus on for each of these subjects:

Retirement Investment and Retirement Accounts:

– What specific retirement accounts do you have? IRA? 401K? SEP?

Non-Retirement Investment Accounts and Assets:

– Do you have any of the following accounts and assets?

  • Brokerage?
  • Stock?
  • Mutual funds?
  • Treasury bonds?
  • Cash?
  • Coins?
  • Gold?
  • Silver?

Various Types of Bank Accounts:

– If you have a joint account with your spouse:

  • Where and when was it created?
  • What was the source of the original deposit into this account?
  • Which one of you made deposits into this account?
  • What was the source of these deposits?
  • What did you and your spouse use this account for?
  • What expenses were paid out of this account?
  • Who controlled the account and/or who had access to the account?

– How did you and/or your spouse pay for family expenses?

– From which account(s) were family expenses paid?

– Who was responsible for paying bills?

– Did either you or your spouse have a separate account?

– What was the reason for this separate account?

– What expenses were paid from this account?

We Can Help

If you have questions regarding what subjects should be addressed during a divorce deposition or want to schedule a consultation with a Sarasota divorce attorney, please contact the Law Office of Matthew Z Martell, P.A. at (941) 556-7020.

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Subjects Addressed in a Divorce Deposition: Personal Property

Thursday, August 9th, 2012

Divorce depositions are important tools that divorce attorneys use to gain control and leverage during the divorce proceedings and trial. An important subject that should be addressed during a divorce deposition is related to the identification of personal property and how it affects the division of the martial estate.

Personal Property

Typical questions that good divorce attorneys will ask during a successful divorce deposition regarding personal property include:

Vehicles

  • What vehicles do you own?
  • How are they titled?
  • Are they encumbered by debt, and if so, how much?
  • What is your opinion of their value?

Life insurance policies

  • Do you have any life insurance?
  • Does it have a cash value? If so, how much?
  • Does the policy have any loans against it? If so, how much?

Antiques, art, jewelry, collectibles

  • Do you own any of the following: antiques, art, jewelry, guns, coins, stamps, figurines, tools, etc.
  • Do you have any appraisals for these items?
  • Are they insured, and if so, for how much?
  • Your opinion as to their value?

With regards to collectible personal properties, it is important to properly appraise these items so that they are not overvalued. Most divorce attorneys advise their clients to hire a reliable, neutral appraiser who will fairly value these collectible items.

Let Us Help

If divorce is the only option left in your marriage, you should hire a divorce attorney who will use every legal tool possible to protect your financial rights and ensure you get a fair deal upon the dissolution of your marriage.

For a consultation with a Sarasota Divorce Attorney, please contact the Law Offices of Matthew Z. Martell, P.A. at (941) 556-7020.

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