Question:
My wife has stolen my ID and I can’t access any of my accounts. Is there any legal action I can take to have her return my ID and bank access?
Answer:
I am only licensed to practice law in Virginia so I am only able to provide you some general observations on this issue based on the jurisdiction where I practice.
In Virginia, you can pursue her for theft under the criminal statutes. When pursuing theft crimes, the severity of the charge will depend on the value of the items taken and the manner in which they were taken. In this instance, the value of the items is likely very low, and if violence was not used to take the items from you, it is likely she could be charged with petit larceny which is a misdemeanor.
The best, and only, way to pursue the criminal charges is to make a police report.
If your wife took these items during the pendency of a divorce, you can ask the court to force her to return the items. You can either ask in a Pendente Lite hearing or ask at the final trial.
A Pendente Lite hearing is held at some point during the divorce process and asks the court to decide how certain things will be done during the divorce process. At a Pendente Lite hearing you can ask for the return of property, visitation of children, spousal support, child support, and for the exclusive use of marital property.
If your wife is ordered by the court to return these items and she does not comply, she will risk being held in contempt of court.
Remember, I am unable to provide you with anything more than tips on these matters, so please contact an attorney in your jurisdiction to obtain specific advice as to the laws of your state and how they impact your case.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, contact Cordell & Cordell.
