Can I sell personal items to help pay for getting a divorce?
A joint account is one that is registered with two or more parties. The account can be of the form of a transaction or savings account. You may open a joint account if you want to achieve a common goal that may include buying family property or planning a vacation as a married couple. It is wise to seek advice from family attorneys before taking any other action if you decide to divorce for one reason or another. Withdrawals from the joint account can only be made before the filing of the divorce papers by either of the two. There are legal measures that restrict such transactions after the couple has presented their case to a judge.
Different matrimonial lawyers will give different advice according to your current situation. This is only possible after you give them relevant details. This may avert more complications in future during the court proceedings. Either party can withdraw an amount of their choice before the filing of divorce papers without worrying about the repercussions that this action can cause. Proper records of the transactions on the joint account are necessary to justify your case during the divorce hearings. Some restrictions are provoked if the divorce papers have already been filed. This court controls the amount that you can withdraw in order to protect you from being caught on the wrong side of the law. A court order should be sought if you are in dire need of money at this time.
This is debatable because some lawyers think otherwise to this line of thought. Prior withdrawal of funds may make the husband feel played. This is because it may seem that you had planned to withdraw money from the joint account before filing for a divorce. It is advisable not to withdraw the cash if it seems to provoke the divorce proceedings. You should withdraw from the account if it is a case where the divorce is imminent due to well laid out complains. It would be wise to indicate if the amount is for daily bills or if it is for meeting the cost of your court representatives.
The best advice involves getting into a settlement with your spouse with the aim of closing your account and sharing the amount in the account. You can go ahead and take half the amount if this is ruled out because of communication difficulties with your spouse. This is advisable because it is the amount that you will be entitled to in a normal situation after the divorce. You should file a court order if you need more money to meet your expenses.
Your spouse may have additional funds in their sole account. Divorce attorneys advise that you should not take more than half the amount even in this case. This usually leads to a money grab situation on the husband’s part and makes the breakup more complex. Caution should be taken in a situation where the husband cheekily cleans out the account. This may be done in a tactical effort to dry you out so that you are not be able to pay for legal services. You should not hesitate to withdraw from the joint account as a wise self-protective measure in this case.
What if my lawyer drops my case?
Divorce cases present many challenges under normal circumstances. However, when an attorney decides to withdraw from a divorce case, the client is often left in a more difficult, perhaps precarious position as his or her case moves forward. The following is a brief article detailing why an attorney might take such action, the legal proceedings that will follow and what steps the divorcing person can take in the aftermath.
The Client Must Find Out Why
A client should not merely accept the fact his or her attorney is dropping the case without asking for and receiving a satisfactory explanation. A lawyer simply cannot decide to abandon a case without just cause. In many instances, an attorney leaves a particular client’s divorce case behind for voluntary reasons. However, under certain circumstances, the decision might be mandatory.
Among the most common reasons an attorney might voluntarily decide to part ways with a client is over financial issues. Attorney fees can be expensive, especially in potentially drawn out proceedings like divorce cases. This situation can be avoided if the client is honest with his or her attorney from the outset of the case. If the client cannot afford to pay for the attorney’s services upfront, he or she needs to explain this to the attorney. In some instances, the lawyer might be willing to work out an agreeable payment plan. Other reasons an attorney may voluntarily leave a case behind include poor client conduct or a personality conflict with the client.
Other reasons an attorney may voluntarily leave a case behind include poor client conduct or a personality conflict with the client. Though not occurring as often, a lawyer might be forced (legally mandated) to be excused from a case. Such situations arise when a conflict of interest arises, the attorney is deemed incompetent or the client no longer wishes to utilize his or her services.
What Happens Next?
If both attorney and client are unable to resolve the issue or reach some type of compromise, the attorney, in most cases, will need to file a petition with a court of law asking for permission to withdraw from the case. That said, permission might not always be granted. Such a decision is likely if the particular case has proceeded for a significant period of time or if the withdrawal will have a severely adverse impact upon the client’s ability to pursue his or her legal interests.
If the attorney is granted the withdrawal, it is recommended the client petition the court for a continuance, which is a legal mandate that temporarily postpones the divorce proceedings. In many instances, the court will be sympathetic to the client’s plight and grant the continuance. However, such legal action is not guaranteed.
What Options Does The Client Have?
If his or her attorney withdraws from the case, the client can either hire new counsel or attempt to represent themselves. Most of the time, a client will hire new counsel. Upon retaining a new lawyer, the client’s former attorney is then required to hand over all material (documents, evidence) associated with the case and bring the new counsel up to speed on the proceedings.