2 days ago i told the resp on the phone i had a divorce petition to mail him and needed his address. He said he would call me back with the address because he was driving, just moved to a new place, and didn't have it memorized. He never gave it to me but i found it anyway and mailed it certified. Today i found out that he cleared out their bank account. Can i do an emergency hearing to get that money back? He does not physically have the petition yet but i definitely told him it was coming.

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Yes, file an emergency TRO. Plead re: the convo you had & you can do an Affidavit in addition to your client doing one. I would get him served by a special process server too given these new facts.

likesmart

In New York you can file a motion to recoup assets transferred in contemplation of divorce.

smart

I’d cite the UFTA - Uniform Fraudulent Transfer Act: https://www.fraudconference.com/uploadedFiles/Fraud_Conference/Content/Course-Materials/presentations/23rd/ppt/12G-David-Wall.pdf

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And the fiduciary duties between spouses that he violated, of course! And he’s impeding her interest in their community property (even outside the family code, there are probs some torts you can cite to). Anybody want to throw a few out there and get this party started?

Your client have any other assets or income?

Not sure what state, but in PA I'd try an emergency petition for interim ED relief. Convince the Court to use its broad equity powers to set things straight. Otherwise, I would argue, she'll be left destitute.

smart

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