_BAMABABY_ said:
I am divorcing an engineer "micromanager". i have been a stay at home mom for the last 7 years. The only things in our marriage that have both names on them are the house and checking account. I have nothing of my own. Can I write check out our joint account to pay my attorney?
My response:
Since you didn't mention your State, I can only give you a general rule of law. If you already filed your Petition, then no, you cannot use the community funds. If you look at your Petition, there is a "stay" in effect, which concerns all funds and property. The "stay" is place there purposefully to keep one or both of the parties from "laying waste" the marital assets; e.g., neither party can encumber or sell the house until there is an order of the court to do so.
You need to obtain an order from the court to use any funds.
IAAL