Q: Options for divorce settlement issues in Nevada and California: dealing with excluded assets and costly forensic review.

A: Reevaluate and Renegotiate the Settlement

Discuss Your Concerns:

You can speak with your attorney about your dissatisfaction with the settlement—specifically the exclusion of premarital assets and your inheritance. This could open the door to renegotiating the terms before finalizing any agreement.

Asset Documentation:

Gather all available documentation that shows which assets were brought into the marriage and details of your inheritance. This evidence can support your claim that these should be treated separately or given different consideration.

2. Forensic Review/Discovery

Purpose of a Forensic Review:

A forensic review is typically used to trace and account for assets, especially if there's a suspicion of hidden or misallocated funds. If you believe that there are discrepancies or assets improperly excluded, this might help clarify matters.

Cost vs. Benefit:

While forensic reviews can be costly, weigh the potential benefit of recovering or reclassifying those assets against the expense. Sometimes the increased settlement value could justify the cost.

Court-Ordered Discovery:

Your attorney might be able to file a motion for additional discovery, which could include a forensic review. This is often a strategic decision based on the strength of your evidence and the complexity of your spouse’s financial records.

3. Legal Strategy and Second Opinion

Consult Your Attorney:

Since your attorney has already participated in the settlement conference, sharing your concerns may lead to a revised strategy. It might be worth asking for an explanation of why these assets were excluded and what legal arguments could support their inclusion.

Seek a Second Opinion:

If you're unhappy with your current legal representation, you might consider consulting with another attorney who specializes in divorce cases, particularly in cross-state situations between Nevada and California. This can provide additional insights and possibly alternative strategies.

Negotiation and Mediation:

Sometimes mediation can be useful in reaching a more balanced settlement. A neutral mediator might help both parties agree on how to treat the disputed assets without resorting immediately to a costly forensic review.

4. Timing and Next Steps

No Binding Agreement Yet:

Since nothing is signed, you have the opportunity to reassess and decide whether to push for further negotiations or additional evidence gathering.

Review All Options:

Evaluate if pursuing a forensic review now is likely to strengthen your position significantly. In some cases, an intensive review may be justified if there is strong evidence that assets were misrepresented or concealed.

Summary

Your main options include reopening discussions about the settlement with your attorney (or a new one), potentially filing for additional discovery (including a forensic review), and considering mediation as a way to resolve the asset disputes. The decision to pursue a forensic review should be carefully balanced against its cost and the likely impact on the final settlement. Since these issues are complex—especially with cross-state elements—it’s crucial to get tailored advice from a qualified divorce attorney who understands both Nevada and California law.

Remember, this information is general and should not be taken as legal advice. Consulting with a legal professional who can review your specific circumstances is the best next step.