Full question:
I have a motion from my wifes's attorney to prevent dissipation of assets & allow plaintiff to retrieve personal property. I want to do a motion to dismiss or answer. Not sure on the required language of my motion.
- Category: Divorce
- Date:
- State: Pennsylvania
Answer:
We cannot give legal advice. The following is not a substitute for the advice of a local attorney. But we hope the information will be useful.
Your wife's motion is pretty ordinary. It is going to be difficult to convince the court you have any valid grounds to oppose it. But you will have a chance to do so, since the motion will require a hearing. You may object verbally at that time. But understand what the motion represents: you can't burn through accounts full of money or sell things (dissipate assets) prior to the settlement, and your wife needs to get in and get her stuff (basic things like clothes - not the stuff which you will split up by settlement). No court is going to deny this, unless there is very good reason probably involving threats to your life. In that case, your wife's visit might be supervised by the sherriff if you so request.
If you want to file a written motion, just use the basic format of your wife's motion. Give the reasons why you feel your wife should not be able to obtain her personal property, and why you should not be restricted from dissipating assets (you can see this will be an uphill battle).
Best advice we can give you is to hire a local divorce attorney.
Good luck.
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