Can I Remove Money From a Joint Bank Account Before Filing for Divorce?

After a divorce is finalized, a joint bank account ends up being either liquidated, closed or converted in some way. But what about removing money from a joint bank account before filing for divorce?

This won’t present issues—at least legally. The fact is in many states, there is what’s called a standing order. As a divorce pends, couples can handle assets and debts accordingly until the petition is officially filed. Therefore you can remove funds especially if it’s for the needs and requirements of a lawyer or another place to stay.

However, once you receive the official filing of the petition, dated and signed, the rules of the court stand. At that time, in fact, mandatory discovery proceeds where a couple is actually required by a court of law to produce three months of paystubs, encompassing a financial affidavit of all income and savings. In essence, the judge would be looking at an actual snapshot of the finances, determining who owns what, who has what, and why.

How a Non-Working Spouse Can Hire a Divorce Attorney

This is important to know in case a non-working spouse must hire an attorney for a divorce proceeding. What can that spouse do? Legally the spouse can actually ask the other party for attorney fees as part of the domestic relations statute due to not having the income.

In general, there can be a dispute regarding that, but most likely if the working spouse does have an attorney, and the non-working spouse would like one, issues such as alimony (spousal support) may be an inquiry of consideration and can play a role in acquiring the services of the attorney regardless of whether or not the working spouse agrees to it.

Questions about Divorce Finances? Consult an Attorney

You certainly might want to consult an attorney if facing a potential divorce, although most cases never see the inside of a courtroom at all. However, if you happen to know that the issue may get volatile or argumentative, best have counsel with you, at the very least to consult you over the phone, if not in person.

Divorce can be difficult. The right lawyer can make it that much easier for you in the long run.