Safeguarding Joint Accounts During Divorce
Hi, my name is Dylan Savage of Wirth Law Office, and I practice over in Oklahoma City. Today we are going to discuss what you need to do if before or after divorce proceedings your significant other, your spouse, has drained your joint bank account. It’s crucial to know your rights and the steps you can take to protect yourself in these situations.
If it’s before the divorce and you have not retained an attorney, what you need is to get all of the documentation that you can, all the proof that you can before that account is closed or otherwise made unavailable to you. This documentation will be vital when you eventually hire an attorney, as it can be presented to the court to show that your spouse took that money in anticipation of the divorce proceedings, and that you are due a portion of that money.
Steps to Take During Divorce Proceedings
If this is during the divorce proceedings, you will follow similar steps. Gather the documentation and provide it to your Oklahoma City divorce attorney. Fortunately, there are protections in place once divorce proceedings have started. An automatic temporary injunction is a statutory order from the court that prevents either party from taking money from joint accounts unnecessarily.
There are a few exceptions, such as withdrawing funds for attorney’s fees or necessary expenses like electricity bills or food. However, draining the account without a valid reason is a violation of this order, which helps protect both parties from unnecessary financial harm.
Legal Actions You Can Pursue
If your spouse drains the account, we will look over that information and send an email with that proof to the opposing attorney. In this communication, we will demand that they put the money back and rectify the situation, or else we will take this matter to court. This straightforward approach can often resolve the issue quickly.
If that does not yield results, we may need to file a motion to compel the spouse to return the funds. This motion asks the court to enforce compliance with the automatic temporary injunction. Alternatively, we can file for contempt, which asserts that they have violated a court order in bad faith and should face consequences for their actions.
Get Legal Help Today
If you found this information useful or think it would benefit someone else, please reach out. For a low-cost consultation, contact a lawyer in Oklahoma City at 405-888-5400. My name is Dylan Savage, and I’m here to help you navigate this challenging time.
