Can I use a bank statement from a joint account that is linked to my sole accountas evidence in my divorce trial?

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Can I use a bank statement from a joint account that is linked to my sole accountas evidence in my divorce trial?

Have a divorce trial in a few weeks. My ex-to-be and I separated about 2 1/2 years ago. He is still in at the marital home and I live in an apartment complex with our only son. I have opened up my own personal checking account since I moved out. I mainly pay all my bills on-line. I noticed there was a savings account that was linked with my checking. I realized it was the savings account that we had jointly for 10 years. When I clicked on to the savings account it gave me the statement of all transactions that he has been doing. Can I use these statement in my trial.

Asked on July 12, 2011 under Family Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Aslong as it is properly introduced in to evidence.  If the account is a joint account the  you have every right to review the transactions as your husband (or soon to be ex husband as you say).  And from what I am reading between the lines you believe that you have proof that he has been dipping in to and using marital funds for his own benefit, correct?  That is known as dissipating a marit asset and the courts do not look kindly on the spouse that is dipping in, so to speak.  Please get help with all of this.  I am assuming that you have an attorney for the trial. Make sure the attorney has the information and the time to properly present it to the court.  Good luck to you.


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