How can I legally stop my wife from writing and cashing my personal checks at my bank before starting divorce?

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How can I legally stop my wife from writing and cashing my personal checks at my bank before starting divorce?

Wife has taken some of my checks signed my name to them and cashed them on my personal account. I would like know if there is anything that I can do to legally to stop her from cashing anymore checks before the divorce can be started?

Asked on January 5, 2012 under Family Law, Florida

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

When you file for a divorce, you can seek a restraining order.  However, until then, your best bet is to talk to your bank and close the account or place stop payments on the checks that she took.  You may also need to sign forgery affidavits verifying that you did not give her permission to sign your name.  This may or may not result in a criminal action since you were still married at the time she cashed the checks, but it can give you some relief through the bank.  It's a huge inconvenience to reopen all new accounts, but to protect your credit, you should do the same with any checking or credit accounts.  If she knows your credit card number, she could also rack up substantial debt.  If you can get the divorce going, you may also be able to get the court to order her to refrain from incurring any debt outside normal living expenses. Creditors will generally pursue both spouses for any debt incurred during the marriage, even though there was a plan to seek a divorce.


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