My wife has a secret safety deposit box that I have just found out about, do I have the legal right to know the contents in a divorce case, Illinois

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My wife has a secret safety deposit box that I have just found out about, do I have the legal right to know the contents in a divorce case, Illinois

There is vast amounts of money unaccounted for, and I am missing some valuables.

Asked on June 18, 2009 under Family Law, Illinois

Answers:

S.J.H., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Normally in a divorce proceeding, both sides of to fill out net worth affidavits or financial disclosure forms. These are detailed descriptions of ones assets and liabilities. It is usually sworn to and needs to include everything each party has. After receiving hers you would then be allowed to what is called to as discovery which are specific details about her assets and debts. Since you know about the safe deposit box make sure she discloses it and if not make sure she is questioned about it. Each state has different rules as to this phase called discovery so I suggest you contact an attorney in your area for specific details  

L.M., Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Since Illinois is an "equitable division" state for the purpose of divorce, the court needs to know what assets exist so that they can be equitably divided between the partners.  Your attorney should be able to find out what is in the safety deposit box probably by subpeona.


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