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Financial Separation Without Divorce

Indio, CA |

Can I separate financially from my husband without a divorce in California ? I have been living separately for the past 2 yrs with my children who are totally supported by my income . Since our accounts are joint , I cannot withdraw any funds for important things like child's education . We had lived in US for 20 yrs . 8 yrs back we moved to India and we are still US citizens . We still have a house in CA , USA . I have interim custody of my children in India but currently have no child support since I did not opt for divorce . Nor can I withdraw funds from US banks , which also have my per - marriage personal income . Please advise on financial separation as I have immediate need for funds .

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Attorney answers 3

Posted

If you both live in India, you would not qualify to file in California until one of you has resided here for 6 months. Citizenship is not relevant to this. You may have rights under Indian law.

The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.

Asker

Posted

Michael...thanks for your reply. I am aware of the 6 month period. At this point, my primary goal is to separate financially or to withdraw money from our joint accounts. Can this be done without filing separation through a court order. I was told that in order to a court order for asset separation, I do not need to be physically present in US and can be done while I am in India. Is this correct?

Michael Charles Doland

Michael Charles Doland

Posted

Once the California court has jurisdiction, you can file motions for orders without being physicaly present in the US or Caliifornia.

Posted

It's not clear to me why you think you can't withdraw funds from joint accounts. You can.

Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.

Asker

Posted

David..thanks for your reply. Please see my comments regarding joint account. If you know of any other way around, where I can withdraw money in the current situation, please do let me know.

Posted

I agree with counsel about the fact that in general if you are a joint account holder you have the right to withdraw money. In your question, you imply you can withdraw money for some things but not other things like child's education. If your concern is needing to access money in joint accounts here in the US based upon information provided it certainly appears you do have the right to withdraw. If you have other information that might help us in guiding please feel free to post it in the comments section below. Good luck.

Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.

Asker

Posted

Martha...thanks for your reply. I checked with the brokerage account where I have a joint account with my husband. The account is setup so that we both have to sign to do any kind of transaction whatsoever. If you know of any other way around this, please do let me know. In all situation, my husband's name is first on the account. I do have online access and can view everything on the account but when it comes to transactions, we both have to sign.