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legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 14636
Experience:  Just Answer consultant at Self employed
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My wife just let me know she’s moving out wants a divorce

Customer Question

Hello yes my wife just let me know she’s moving out wants a divorce and then I go to our bank to veiw our joint checking acct and found out that from mid December 2017 she had been transferreing money into her own personal checking acct
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Yes Missouri .
JA: Has anything been filed or reported?
Customer: Not yet this just took place this past Wednesday March 8 2018 she had wrote checks out of joint acct for deposit’s and from December of 2017 she’s transferred around 16.200.00 into her own acct
JA: Anything else you want the lawyer to know before I connect you?
Customer: And we’ve only been married just over a year February 14
Submitted: 6 months ago.
Category: Legal
Expert:  legalgems replied 6 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 6 months ago.

I am sorry to hear this.

There are automatic restraining orders that go into effect when a petition for divorce is filed and served; please see:

http://extension.missouri.edu/wec/documents/Legal/familycourrule68.pdf

These restrict the parties from transferring assets, or closing out accounts for example.

However, up until that time, either party may access the funds.

That does not mean there is no recourse. For example, during the divorce proceeding the court may distribute marital property in an equitable manner; if they determine that one party accessed funds and restricted the other party's access the court can take than into consideration and use it to offset that party's interest in other marital property. The court can also order the return of the money as well.

Expert:  legalgems replied 6 months ago.

Hello; just checking in on the above.
If you have further questions please post here and I will do my best to get you the requested information.
Otherwise
kindly rate positively (hopefully you feel I have earned 5 stars) to help maintain my high customer satisfaction score and so I know you were satisfied with my services.

The above information is for educational purposes only. An attorney in one's jurisdiction can be located at https://www.americanbar.org/groups/legal_services/flh-home.html
Thank you.