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Joseph
Joseph, Attorney
Category: Legal
Satisfied Customers: 7279
Experience:  I have 15 years experience in the legal field, currently specializing in criminal and family law
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Please Help !!! Going through a divorce, long story with

Resolved Question:

Please Help !!! Going through a divorce, long story with a lot of bad stuff but my soon to be ex wife was writing herself checks for cash for years out of the joint account with no proof where it went. My attorney said probably nothing can be done since it was before the divorce started. I have copies of all checks to herself for cash. If it makes a difference the joint account was for my self proprietor painting business. Her name was on it so she could deposit checks when I brought them home. Over years she was wasting it. Also found out she has a or had a storage locker with proof of one. On top of it she is 30 weeks pregnant with another mans baby. Please help, this isn't fair. Is there something I can do or tell my attorney to do. Thank you so much.
Submitted: 1 year ago.
Category: Legal
Expert:  Joseph replied 1 year ago.
Thank you for using our website. What is your question for a legal expert to answer this evening? Thank you.
Customer: replied 1 year ago.


That is my question ?

Expert:  Joseph replied 1 year ago.
Reading through your post, you actually didn't ask any questions. While I suspect I know your question, it seems more prudent to have you provide a specific question rather than answering what I believe to be your question. Thank you.
Customer: replied 1 year ago.


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 ?

Expert:  Joseph replied 1 year ago.

Let me see if I can get some additional information:

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1. Approximately how much did she take?

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2. Was there an approximate average amount for each check?

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3. I know you said this was going on for "years". How many years?

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Thank you.

Customer: replied 1 year ago.


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


 


 

Expert:  Joseph replied 1 year ago.

Any reason you were unaware of this previously? Was she hiding her actions?

Customer: replied 1 year ago.


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.

Expert:  Joseph replied 1 year ago.

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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I hope you found my answer helpful. If so, please click on "OK", "Good" or "Excellent" service. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click on one of the positive indicators. Your question will not close, and you will still have the opportunity to follow-up if needed.
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Customer: replied 1 year ago.


Joseph I appreciate your help and advise. Before I do a rating though is this a one time fee of $60 because I don't need my bank account drained any more and don't need a subscription.

Expert:  Joseph replied 1 year ago.
Assuming you did not sign up for a subscription, then you should just be paying the one time fee. Having said that, I would encourage you to contact customer service for any billing questions as the experts are not qualified to answer such questions. Thank you.
Customer: replied 1 year ago.


Well I didn't sign up for one but these things can trick you. Thanks for your answers and knowledge.

Expert:  Joseph replied 1 year ago.

If you have any concerns in that regard, I would urge you to contact customer service to make sure you are charged exactly as you intended.

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As to the legal issues, I hope that I have addressed your concerns. If you need anything else, please let me know. Otherwise, I would respectfully XXXXX XXXXX you click on one of the positive indicators so that I may be compensated for my efforts this evening. Best of luck to you.

.
I hope you found my answer helpful. If so, please click on "OK", "Good" or "Excellent" service. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click on one of the positive indicators. Your question will not close, and you will still have the opportunity to follow-up if needed.
.
If you are not yet satisfied with my answer, please do not yet rate my service. Instead, please click on the "Reply to Expert" and let me know what else I can do for you. Please only rate my answer when you are fully satisfied.
.
Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.
.
Leaving a bonus is not required but doing so is certainly appreciated! Thank you and good luck.

Joseph, Attorney
Category: Legal
Satisfied Customers: 7279
Experience: I have 15 years experience in the legal field, currently specializing in criminal and family law
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