Question:
I am separated from my wife and have been depositing my assets into a separate account rather than our joint account.
She just bought a car and is demanding that I put my separate money back into the joint account so she can have assistance in paying for the car. She says without the money her check will bounce and I will be liable because we are both on the account.
I have a protective order issued against my estranged wife, but her friends continue to contact me and she is contacting my family demanding I put the money back.
Do I have to put my separate assets into the joint account? Is she violating the order of protection by harassing my family ?
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Georgia divorce laws where I am licensed to practice.
It appears that you are dealing with two separate issues/court actions: a family violence action and a divorce action. Based upon the information you provided, I am uncertain as to whether you have already filed for divorce. If you have filed, the courts and laws of your state may offer protection regarding your wife’s purchase of the car.
Where I practice, all parties in a divorce action are enjoined from dissipating marital assets during the pendency of the divorce. As such, when a divorce action is filed, a standing order takes effect prohibiting husband and wife from such actions as buying a new car without the other’s consent.
In your case, your wife would be in contempt of the standing order and you would be able to file a motion for contempt. I do not believe this is an issue the judge in the family violence action would hear, as this is an issue for the divorce action.
Read Related Articles:
Regarding the issues of your wife contacting your family and having her friends contact you, I do not know the terms of your temporary protective order, but it appears your wife may be in contempt of the protective order. Therefore, you may be able to file a motion for contempt in the family violence action and your case would again go before the judge.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with divorce lawyers for men in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Atlanta, Georgia Divorce Lawyer Amber R. Piotrowicz, contact Cordell & Cordell.
