How can I get divorced if he controls all the money?

Posted By Max Soni, Uncategorized On October 4, 2017

If one spouse controls all the marital assets, economic abuse is likely to occur. The situation usually occurs when one spouse is a stay at home parent, and the other one is the sole producer of all the income. If such a couple wants to get divorced, there will be financial problems. The partner who is controlling the possessions may block the homemaker from accessing the marital funds and assets.

Moreover, the dominant spouse might even try to block the divorce process. However, you should understand that the law treats both spouses equally. Each partner contributes significantly to the growth and development of the family, both socially and economically. The stay at home parent plays a significant role in the marriage by enabling the other partner to work efficiently.

Therefore, all assets acquired during the marriage should be divided equally between the two parties. The property accumulated after marriage belongs to both partners. Thus, during the divorce process, each partner deserves equal treatment, including financial equality.

Before the finalization of the divorce case, both partners should have equal access to marital assets. During the interim period, the homemaker should get all the financial support needed to avoid difficulties. Additionally, before the divorce is finalized, you should note that even your kids require maximum support. Marital assets should be used to support their education and other things that they may need. Their current situation should not change during the interim period before finalization of the divorce case.
Therefore, it is possible to get divorced even if your partner controls all the assets. Family court judges use the following methods to provide relief for every partner in need of support at the outset of every divorce case:

Lawyer’s Fees
If the homemaker is not financially stable, the family court judge may force the partner who controls the marital assets to fund the divorce case and pay for attorney fees. Therefore, if your husband controls everything in your home, you should not fear to file a divorce case due to lack of attorney fees.

Child and Spousal Support
Until the final order of the court, each partner or child is subject to temporary or emergency financial support. For example, if your child gets ill during the interim period before the divorce case is finalized, you should use marital assets and funds to pay for medical fees. Each spouse or child is entitled to good health care during the divorce process.

Maintenance of the Status Quo
At the outset of a divorce case, the controller of marital assets should maintain a level of financial security for the homemaker and children. The family court judge may issue an order requiring the controller of assets to meet these conditions accordingly. Therefore, the earner should pay rent, mortgage, car fees, school fees, and utility bills. Furthermore, during the divorce process, both parties should not transfer or sell marital assets.
Therefore, you can get a successful divorce even if you partner controls all the money. However, you need to hire a knowledgeable attorney to represent you before the court of justice. The lawyer should have a remarkable reputation and experience in the field. You should perform research before hiring a divorce lawyer. You can use online customers’ reviews or referrals from friends to get a reliable attorney for your case.

Can I sell personal items to help pay for getting a divorce?

Divorce and separation are never pretty. Even when a couple makes a personal decision to separate and ultimately divorce on good terms, it’s not a pretty situation. It’s the end of a marriage. It’s the division of an entire life lived together. It tends to be a bit easier on couples who might not have a long marriage behind him, especially if they’ve acquired very little together. On the other hand, couples married for many years have acquired almost everything they own together, and there might be a problem deciding who gets what.

There are always couples who want to give everything to one spouse for the simple sake of providing for the kids or just to get out of the marriage without any reminders. There are also always the couples who cannot seem to agree on anything want to fight over everything. The belongings of the couple must be handled before a divorce is finalized, but what happens when one or both parties need to sell a few of their personal belongings to help pay for their divorce? Is it legal? Can they do that?

Personal Property
When a couple makes a decision to divorce, their personal items become moveable objects.
– Appliances
– Electronics
– Furniture
– Artwork

These are all considered moveable objects that can be taken from a home and moved elsewhere. There is a difference, however, when the item is considered personal property. Moveable items are not personal, but clothes, shoes, jewelry, even office furniture used for the sole purpose of one spouse’s work are all considered personal. Now that you know the difference, it’s time to discuss selling your belongings to pay for a divorce.

What Can I Sell?
You can sell anything that belongs to you. This means you can sell your clothes and shoes to pay for your divorce. There are no legal consequences for selling these items. However, there is no way you can remove a moveable item from a home to sell without permission from your other spouse.

For example, if you cannot afford to pay for your half of the divorce as agreed, you cannot sell the living room furniture without asking your spouse for permission to do so. If he or she agrees to let you do this to come up with the cash to pay for your divorce, you can do it. If you do it without permission, you could face legal issues.
If you both agree, you can sell anything you want to pay for anything. There is no stipulation what can and cannot be sold when there is agreement from both parties. It’s always best in any situation to get a signature from both parties prior to selling anything. If a fight occurs and your spouse wants to cause you any issues, he or she could state they never gave you permission to sell the items in the house to pay for your divorce. Do yourself a favor and get the required signatures.

If you do not remove your personal items from your home when you move out prior to your divorce, you should do so immediately. You don’t want your spouse to sell your own personal items while you’re not present, but you can arrange for a police officer to come with you to the home and gather your belongings if the relationship is a contentious one.

You have the power to end your marriage if it’s no longer working for you despite the desires of your spouse. If he or she still wants to be married to you, you are not required to stay in the marriage, but here are rules regarding what you both can and cannot do with your belongings.