I married in 2012. We have never phisically lived with my wife since then. We moved out to different States. Before marriage we opened joint account which I have been using all this time (she had never made any deposits or withdrawals. ) Couple week ago I noticed me that she is going to divorce. I checked the account- she withdrew all the money (around 4K) and closed it. What options do I have to make her return my money back?
Why do you think it is your money? If you two live in WA during some part of the marriage and one of you still lives here, WA laws likely apply to the marriage.
Wages earned during the marriage is generally community property. That is, both spouses have rights and claims to the wages.
If you put money into an account that you two opened together, chances are good that the court will find that you intended that the money be available to both of you.
You can review the specific facts with your attorney to find out your legal options.
You married in 2012 but never lived together? Unusual. How long did you date before you were married? Why did you marry and then never cohabitate? Were any Immigration issues involved in your relationship with your wife? Interesting.
What was the source of the money at issue? Was the money wages earned while you were married. Many, many issues and questions. You really should speak to an attorney about the specifics of your situation. Anything accumulated during the course of the marriage is marital property and subject to equitable distribution, no matter whose name it is in or of the immigration status of your husband. So the answer to the first half of your question is, yes, you can divorce your spouse. The answer to second half, though, depends on what you are calling "my assets". If you are talking about things you or your husband have purchased since the date of your marriage, then you are probably not going to be able to keep all of them.
More information is needed to evaluate this situation. You need to consult in person with an experienced and seasoned Family Law attorney in your area. A local attorney will be more familiar with the lay of the land and tendencies of local Courts and Judges. An experienced local attorney can evaluate what evidence, statements or identifications are likely to be admitted at a Family Court Hearing. They can also provide an assessment of the potential outcome.
Family Law Courts generally have “self-help” departments staffed by family law paralegals to assist the general public. You should also check with your local Legal Aid Office for help. Legal Aid Offices can assist with the selection, completion and filing of family law motions. These individuals are knowledgeable in family law issues including temporary restraining orders, dissolution, custody, visitation agreements, support and property division. They may or may not give you legal advice specific to your case, but they will give you practical advice on how best to proceed, what forms to file, and anticipated time frames involved.
This is not legal advice. You need to speak to an attorney who is licensed in your state for legal advice. I strongly recommend you make an appointment with a competent and experienced family law attorney, who can take time to carefully evaluate and explain all options available. This is merely suggestions for you to think about in discussing your situation with the local attorney.
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