My wife recently removed a significant amount of money ($33,000) from our joint savings account against my will. This all but wiped out the account. She opened a joint account (with our son only) and deposited the money, and denies me any access. She acknowledges that the money is part of our marital assets (apparently she was so informed by a lawyer). She is trying to use this as a form of coercion to make me sign over half of my inheritance to her. She acknowledges that my inheritance is not considered part of our marital assets. Do I have any legal recourse short of filing for divorce? We live in Madison County, Alabama.
State/Country relating to question: Alabama
I tried asking that my rights be respected, nothing more.
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Unfortunately the court will not involve itself in financial matters between the spouses absent an action for divorce or a legal separation
Therefor in order to obtain any type of judicial assistance regarding the transfer of the funds, you would need to file for divorce or legal separation
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You mentioned legal separation. What might the court require us to do in that case?
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A legal separation in Alabama is a court proceeding that determines all matters that would typically be determined in a divorce – such as property, spousal support, etc
Here is the statute authorizing a legal separation in Alabama: http://www.divorceinfo.com/allegalseparation.htm
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I do have grounds for divorce (physical violence toward me, and I do believe I have reasonable apprehension of such violence). Would her having taken the money be looked upon by the court as further evidence against her and potentially influence a divorce settlement?
I am happy to discuss with you whether grounds exist for a divorce and the resulting property settlement.J.A. policy requires that you start a new page for a new question. Please accept the answer and then you may start your new question in a new thread
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I'm not asking about whether or not I have grounds for divorce. I already know I do, the violence is real, acknowledged, and sufficiently documented. I'm asking if her having taken the money would be viewed negatively toward her by the court as far as a settlement is concerned.
Thank you for that clarification – typically yes, the court would take a negative view of her behavior
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