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That is my question ?
Ok well I guess my question is can the fact she was writing checks to herself for cash in a joint account be considered dissipating of marital assets ?
Let me see if I can get some additional information:
1. Approximately how much did she take?
2. Was there an approximate average amount for each check?
3. I know you said this was going on for "years". How many years?
1. so far I have 7,000 of checks to herself for cash between 05-10
2. between 50- $300
3. since married in 05 until 2012
Any reason you were unaware of this previously? Was she hiding her actions?
I worked all day. I left it up to her to deposit checks and pay bills. Yes and no. I could view our account online but had no idea she was writing herself checks. Our bank didn't post checks and amounts on the online banking.
Unfortunately, I'd be inclined to agree with your attorney's assessment, that being that there is not much likelihood of success here. As a general rule, anything occurring during the marriage is considered marital in nature. For example, if one party earns a million dollars while the other is unemployed, the million dollars would be considered marital and equally divided. As another example, if one spouse went to Las Vegas and lost $100,000, those losses would be considered marital and equally divided.
In short, the presumption here is that these withdrawals were simply part of the marital estate and should not be credited either for or against either of you. Having said that, you might still use them as a bit of leverage. For example, if you are getting close to resolving the case with just a few issues remaining, you might offer to forgo some or all of the debt in exchange for her agreeing to some other issue in your favor.
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