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

Asked over 1 year ago - 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)

  1. David Ivan Bliven

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . 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.
  2. Marco Caviglia

    Contributor Level 19

    4

    Lawyers agree

    Answered . 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... more
  3. Jeffrey Jose Estrella

    Contributor Level 13

    3

    Lawyers agree

    Answered . 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.

    www.estrellalawyer.com

    The answers posted herein are not legal advice and no attorney-client relationship exists. Call for a free 20... more
  4. Deborah G. Fiss

    Contributor Level 14

    Answered . 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,

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Dividing Joint Bank Accounts in a Divorce

In a divorce, any joint bank accounts held by the couple will be liquidated and divided between the two parties.

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