Can I sue my soon to-be-husband if he is sending money to his mistress abroad?

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Can I sue my soon to-be-husband if he is sending money to his mistress abroad?

My husband filed for no-fault divorce and left our home 6 months ago saying that he is in love with another woman who is based abroad and that intends to marry her as soon as he can. The court has yet to grant the decree and we haven’t even started discussing division of assets. I suspect that he is already sending money to her even before our divorce is final. Can I get in trouble if I refuse to provide him the financial documents he requested to discuss separation of assets to prolong the process? Can I sue him for sending money to his mistress abroad even before our divorce is final?

Asked on April 21, 2012 under Family Law, Pennsylvania

Answers:

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

Answered 12 years ago | Contributor

I am so sorry for your situation.  Generally speaking, you should have an attorney helping you sort things through here so you know what your rights and obligations are.  You can not with hold documents especially if they are part of what is required under the law in your state.  Financial documents are generally those type of documents.  As for "dissipating" marital assets and sending her money, if that wer ethe case prior to his filing for divorce then you have a shot.  Since the filing of the divorce that may not be possible as the courts look at the filing as a "date certain" that there was an intent to end the marriage and for assets to be marital assets.  Good luck to you. 


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