Will a divorce court do an investigation to find out which assets I have in California?

Question Detail

Will a divorce court do an investigation to find out which assets I have in California? For instance, could they find out that I have a 401k?

Answer

The court itself does not do an investigation to find out what assets you have in California. However, during a marriage dissolution you are required to truthfully and fully disclose all of your assets and debts, including your 401k. There are consequences for failing to disclose all of your assets including having the judgment set aside, having the asset that was not disclosed given in its entirety to the other party and monetary sanctions. It is very important to be truthful in every step of your dissolution as every form you sign, is signed under penalty of perjury.