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socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 38570
Experience:  Retired (mostly)
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What type of court order is needed to access funds that have

Customer Question

What type of court order is needed to access funds that have been taken by a spouse during divorce?
Submitted: 1 year ago.
Category: Family Law
Expert:  socrateaser replied 1 year ago.

Hello,

The typical means of dealing with this circumstance is bring a motion for an emergency restraining order against the other spouse, to order the spouse to return the funds to the account from which they were removed, and then to order the bank to freeze the account until the court makes further orders.

If the spouse refuses to return the funds, then the court can hold the spouse in contempt, and place him/her in jail until he/she complies with the court order.

The procedural requirements vary by state jurisdiction -- so, there's no "one-size-fits-all" do it yourself answer.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

Expert:  socrateaser replied 1 year ago.

Dependent upon the state jurisdiction, there may be some forms available that could be used to bring the motion. If you would like me to do some research for you, I will send you an additional services offer, and we can discuss the matter confidentially.

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