Free Resources for Cryptocurrency in Divorce
Financial Discovery Template
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The first key change to make to address cryptocurrency in divorce and civil disputes is to include cryptocurrency in financial discovery.
This is a best practice, as the American Bar Association Model Rule 1.1 [8] advises “to maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology.” With cryptocurrency ownership being so prevalent, this is necessary.
Be careful, though, as cryptocurrency has a wide range of novel terminology that leaves room for a spouse to claim ignorance. “You asked for accounts. I don’t have accounts, I have wallets.” This template covers crypto terminology.
Statement Search Companion
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Cryptocurrency transactions are facilitated by brokerages, exchanges, payment processors, market makers, ATMs, and more. Most are compliant with Banking Secrecy Act and financial regulation. That said, the names aren’t always as obvious as “Coinbase” or “Crypto.com.” To assist, we curated a list of top cryptocurrency providers to search in financial statements for your divorce or civil case.
Cryptocurrency Glossary
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There are a lot of unique and novel terms in cryptocurrency. This glossary serves as a reference point to get clarity on what a specific term means and how they might relate to your divorce or investigation need.
Note: this is about as entertaining as a dictionary and is meant to be a reference document, not a handout or actionable worksheet.
Cryptocurrency Divorce Valuation Guide
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In a divorce involving cryptocurrency, the valuation date is almost as important as the wallets in question or the total amount of cryptocurrency. If you are in a jurisdiction that has flexibility in when to set a valuation date, it’s key to identify early what you believe is the appropriate date for your divorce.
Here, we made a state-by-state guide that identifies how each state views valuation with references to case law in most states. Note that this is a reference guide, and we recommend working with your counsel or mediator to set your individual strategy.
Spouse Advocacy Guide
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Divorce is emotional, and cryptocurrency is complicated. Here is our guide written from years of experience on how spouses can leverage their unique knowledge of their situation while also respecting the limitations of counsel and court. This guide also includes some key terms that, when understood, can help spouses translate their experience into fact-based evidence that supports a lawyer’s strategy.