If my husband left myself and our son homeless and isn’t allowing me to use any of the money that is direct deposited by his employer into our bank account, do I have any rights to the money?

He has moved in with his girlfriend.

Asked on October 6, 2015 under Family Law, Tennessee


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Your recourse is to file for divorce in a divorce, your husband will have to provide child support if he was the main breadwinner, will likely have to provide spousal support alimony and marital property and money, including money in the bank, will be divided. There are ways to not just file for divorce, but also to seek immediate called "emergent" relief ordering some baseline level of support to you, until the case is adjudicated. Ideally, you should retain a family or divorce law attorney to help you if you can't afford an attorney or want to do this yourself, contact the family court in your county, explain the situation to the clerk, and ask for instructions they can likely also provide sample legal forms.

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