Legal Question in Family Law in Massachusetts

The order: can I do it?

Hi,

The order declaring my divorce final in 90 days came and stated that certain accoutns held in Joint Status (JWRO) between myself and my ex-husband are to be split given the dollar figures stipulated in the order.

1) Can I go ahead and call up my brokerage firm, bring a copy of the order and proceed to make the transactions as per the order states?

2)Do I need to notify anyone, and do I need my attorney to be involved in any way?

That is, if the order splits a jointly held account into $100 for me and $150 for my ex-husband, can I go to the bank/brokerage firm/etc and transfer my $100 to my individual account at my personal bank?

My hope is that I do not have to involve my attorney, his attorney or any other third party in the matter for very personal reasons.


Asked on 12/06/06, 3:57 pm

1 Answer from Attorneys
Jerome Aaron Law office of Jerome L. Aaron

Re: The order: can I do it?

You can go ahead and do this yourself, giving the bank / brokerage institution the court Order, assuming there is nothing in the court order specifically preventing you from doing so and assuming you are acting in good faith to carry out the court order. I would, as I did this, notify my soon to be ex, so that in case there is some disagreement, you do not fina a contempt complaint coming at you. The only reason it is sometimes prudent to wait the 90 days until the judgment is final, is that then it is not appealable. Even a judgment incorporating a separation agreement can be appealed, though this is rare.

Read more
Answered on 12/07/06, 9:36 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Massachusetts