I Found Out That My Spouse In My Florida Divorce Is Going To Leave The State With Our Property. Is There Anything I Can Do?
Posted By Stann Givens on Feb 15, 2010 7:39am PST
Sometimes in a
Florida divorce, one of the spouses may take off out of state with property of the marriage or may transfer ownership of marital property to someone else. If you suspect that this is about to happen, you should contact an expert
Tampa family law attorney to ask what steps can be taken to keep this from happening.
The Florida Dissolution of Marriage law provides that a judge can enter an order to protect you. If you can show that your spouse is about to leave the state, take property out of the state or fraudulently transfer or conceal property, the judge can enter a court order called an injunction that requires your spouse to refrain from transferring or concealing the property. In addition, the judge can enter a court order called a writ of ne exeat which prohibits your spouse from leaving the state. In severe cases, the judge can enter a writ of bodily attachment which requires your spouse to be picked up by a law enforcement agency and held in jail.
When these are entered, the court will require you to post a bond to ensure that your allegations are accurate. Upon having a hearing with both sides present, the judge may enter an order requiring your spouse to post a bond to pay for any anticipated losses should your spouse violate the order.
The law even provides for detailed identification information to be provided to the Florida Crime Information Center so that all law enforcement agencies in the state will have your spouse on their radar screens.
Bottom line: If you suspect that your spouse is about to hide out of state or conceal marital property, contact an expert
Tampa divorce attorney to find out how it can be stopped.