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 quite standard. It may be challenging to convince the court that you have valid reasons to oppose it. However, you will have an opportunity to do so at the hearing, where you can voice your objections.
Understand that the motion aims to prevent you from depleting your assets before a settlement and to allow your wife to retrieve her personal belongings, such as clothes, but not items that will be divided in the settlement. Courts typically grant such motions unless there are compelling reasons, such as threats to your safety. In cases like that, you could request a sheriff to supervise your wife's visit.
If you choose to file a written motion, you can follow the format of your wife's motion. Clearly state your reasons for opposing her retrieval of personal property and for wanting to retain the ability to dissipate assets. Be aware that this could be an uphill battle.
The best advice is to consult a local divorce attorney.
Good luck.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.