Q: Should I file for divorce to freeze assets even tho we may go to mediation?
Wife has a hidden bank account which is technically our money. I am afraid she is using that money to hire a lawyer behind my back.
A: If you feel that where you have significant doubts about the honesty of your spouse, mediation would be a waste of time and money. It is meant to be a forum to discuss settlement where parties are on an equal footing and if assets are being secreted there is not a level playing field. The filing of the Divorce Complaint would invoke the automatic asset restraining order and the Mandatory self-disclosure rule and would be applicable to the other party as well once service of the Complaint and summons is made.
A: When you file for divorce, there is typically an automatic restraining order on certain uses and waste of community assets. That may be useful for you here. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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