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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 27992
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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I have been filed with a divorce lawsuit. I have opened a

Customer Question

I have been filed with a divorce lawsuit. I have opened a personal checking account and safety deposit box for valuables (passport, birth certificate) since I am now living in an apartment. We are in the process of responding to the lawsuit, at what point will they ask for information on all the accounts and can they freeze this assets without notifying my attorney.
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.

Good morning. I certainly understand the situation and your concern. Very shortly you will be required to disclose and turn over all this information. The reason for it, is so that all parties know what martial assets there are, so they ca be divided and everything is disclosed, so the parties know what they may be entitled to. Only with a court order, could those assets/accounts be frozen and there would be a hearing, placing you and your attorney on notice and giving you a chance to respond and be heard.

Expert:  FamilyAnswer replied 1 year ago.

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Customer: replied 1 year ago.
My real questions was...can they freeze these accounts without first notifying my attorney.
Expert:  FamilyAnswer replied 1 year ago.

No, they can not. As I shared, that would need a court order. For a court order to be obtained, the other party would need to file a motion, asking the Judge to freeze these, out of concern that you will take funds, which are martial assets and dispose, waste or hide them.

Expert:  FamilyAnswer replied 1 year ago.

If this motion is filed, you will be placed on notice via your attorney and be able to respond and appear to be heard on the matter, to state and tell the Judge why this should not be done

Customer: replied 1 year ago.
Would I still have access to the accounts and safety deposit box until the hearing. Thanks.
Expert:  FamilyAnswer replied 1 year ago.

Yes, until a court order is imposed or a temporary order is put in place, there would be nothing restricting you.

Expert:  FamilyAnswer replied 1 year ago.

Is there anything else I can answer or clarify?