Legal Question in Family Law in Florida
Im in the process of divorce me n spouse ran a business together he now is running the business most of our assets are in the business we have been married 27 yrs spouse has been hiding money i have a freeze assets on a ongoing claim filed in the mean time my spouse has been selling off stuff from the business recently a vehicle worth 20,000 is he allowed to do this being those are marital assets. Me n my 3 kids live in our house which is in foreclosure for which we're behind because of spouse the money for the vehicle he sold would cover what is owed n home would not be in foreclosure is he allowed to get away with this both our names r on the house.Do i need a court order from judge to stop him.
2 Answers from Attorneys
You need at least an injunction to stop him from selling off marital assets. You also probably need a forensic accountant to go over all the books. Your attorney would line up the forensic accountant. Hire an attorney as soon as possible. You won't be entitled to a "do over" if things go badly. The judge/court is not going to act as your attorney. In Florida, with family law cases, depending on the parties' comparative financial resources, the Courts have the discretion to hold one party responsible for all, or part, of the other's attorney fees and costs. In other words, if the other party has significantly stronger financial resources, while you will still probably have to pay a retainer, do not assume that you will not be able to afford to retain an attorney. Reimbursement can be sought.
You need to get a lawyer involved to get an order freezing the assets and if necessary the business. Contact my office for free consultation 727-446-7659