Q: When and how will I have to prove my separate property?

A: When and how to prove it is your separate property will be determined by how the issue is dealt with in your specific proceedings. Theoretically, it could be last issue determined. More importantly, the restraining order shall not preclude a party from using community property, quasi-community property, or the party’s own separate property to pay reasonable attorney’s fees and costs in order to retain legal counsel in the proceeding. I suggest you do so.

It does raise the question: why someone with a million dollars on the line wouldn't speak to an attorney.

In order to ensure the best possible outcome, you need to consult with an attorney, at least in a limited role. Far too often, an individual leaves court disappointed because they weren’t properly prepared.

Limited-scope representation is when you and a lawyer agree that the lawyer will handle some parts of your case and you will handle others. This is different from more traditional arrangements between lawyers and clients where a lawyer is hired to provide legal services on all aspects of a case, from start to finish. Limited-scope representation is sometimes called “unbundled legal services” or “discrete task representation.”

A: Depends on what actions (including no action) take place moving forward. If there is no trial or interim hearing regarding property division, you don't have to prove anything. While your case is pending, you can attempt to negotiate a global settlement agreement with your spouse that results in an agreed-upon division of property, assets and debts. Your spouse (or spouse's attorney) however, has the right to propound discovery (requests for production and/or interrogatories) to ascertain the community's interest, if any, in your money. I know you have posted about this separate property $M before. Note that if its acquisition and maintenance can be easily traced to a separate property source, you're good. If you are forthcoming with the information (documentation) to back that up, it will nip the issue in the bud. Also note, as I've mentioned before, these funds and earnings on these funds can still be considered when calculating funds/income available for spousal (or child) support. As you have asked similar questions before, I strongly recommend you stop making yourself crazy about this and instead hire an attorney to help you reach a fair and reasonable resolution of your case.

A: Typically, you will need to gather financial records and evidence showing the source and ownership of assets like your $M bank account. The process varies by jurisdiction, so an attorney will help you navigate the requirements. Regarding Automatic Temporary Restraining Orders (ATROs), discuss with your attorney the possibility of seeking their removal or modification. They can guide you through the process and protect your interests during the divorce.