Financial restraining order

Is it possible to serve financial restraining order in NC to the spouse before leaving the marital home? My spouse is a citizen of another country and I’m afraid that he will transfer the monetary assets to his home country.

After a separation has occurred, you can file a motion for temporary restraining order and preliminary injunction related to an equitable distribution claim to prevent a spouse from doing something they would ordinarily have the right to do, including transferring assets. However, you will need to show more than a fear that your spouse would transfer assets to be held in another country in order to have this type of emergency relief granted.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

If I understand it correctly, serving the financial restraining order is only possible after moving out of the marital home. Is that right? In that case the spouse has enough time to siphon money or get marital debt until motion for temporary restraining order and preliminary injunction related to an equitable distribution claim is filed.

How can the leaving spouse prove the separation time/date? Also, wouldn’t it be considered as abandonment of marital property? Is there any legal document that can be served before separation which can freeze the other spouses financial accounts to avoid him/her to outsource the money?

Correct.

It is not abandonment of the marriage if the spouse that leaves is justified in leaving. The leaving spouse could leave a letter to the other spouse with a date on it, which could prove the date of separation.

You can check with the bank or the financial institution that holds the accounts about freezing them, however, from a family law standpoint, you will need more than a mere fear or suspicion that one spouse will move funds.

You will likely want to separate and then file in court for equitable distribution, postseparation support and alimony if eligible, and include a motion for interim distribution. A motion for interim distribution could distribute a portion of the marital assets to you before the full equitable distribution process, which can prevent waste of the marital assets. If the circumstances arise, you can also file for a motion for temporary restraining order and preliminary injunction to stop your spouse from moving assets around if he has already started.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.