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My husband filed for divorce and by law he cant take out money from our mutual account without court order or written consent

Bronx, NY |

However, he did, but i cannot afford a lawyer, do i file a small claims court for that or do i find a legal aid for family court?

Attorney Answers 4

Posted

If he violated a court order, you need to go to the court through an attorney or pro se to get relief. Legal aid has an income threshold to determine if you qualify for free services because of indigency. The court has pro se lawyers to give you information but not advice. If you make too much for Legal aid then you can afford a private lawyer and should retain one to handle this case.

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Deborah G. Fiss

Deborah G. Fiss

Posted

There does not appear to be pending litigation so there is no violation of a Court order. also, if a matrimonial action was commenced, the spouse may remove funds for reasonable living expenses or to pay hIs attorney.

Deborah G. Fiss

Deborah G. Fiss

Posted

Just re-read the question, so the latter part of my answer stands.

Posted

First, it's not exactly accurate to say that one cannot take ANY money out of a joint account after the filing of a divorce. Instead, the automatic orders state that one cannot take out more than is customary to spend on ordinary living expenses. If he took out more than that, then yes, he may have arguably violated the order. That said, neither small claims court nor Family Court would have jurisdiction over such a claim. If you cannot afford an attorney, you may contact Legal Aid and/or the Office of the Self-Represented at the courthouse. I nevertheless encourage you to schedule a free consultation with a Bronx Divorce attorney as some have sliding scales and some also take their fees from your Husband if counsel fees are granted.

* If you found my answer to be helpful, or the "best answer," please feel free to mark it accordingly.

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Deborah G. Fiss

Deborah G. Fiss

Posted

He could also take out to pay his attorney.

David Ivan Bliven

David Ivan Bliven

Posted

Agreed.

Posted

In addition to the sound advice of other counsel on this question, one should ask how much is involved? If it is not a large amount, it may not be worth the immediate litigation cost/effort, and best saved for inclusion in a major motion later.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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Posted

You need to bring the issue up in the divorce action, not in another context or court. our husband had a right to take money out if it was for ordinary living expenses or to pay his attorney per the Notice of Automatic Orders that was served on you with the Summons and/or complaint. you would best off hiring an attorney,

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