She practically wiped a couple of our joint accounts, distributed the money with bank instruments or wire transfers to her sister''s account. We are in process of initiating the legal process for seperation and divorce very soon, and I no longer have access to the funds, but is this a case that I can legally pursue?...Thank you.
Yes, you can pursue this money in a divorce. You may have to obtain documents from your wife or her banks that show where they funds have gone, but assuming you can trace it back to a marital account, then it should be considered marital property. If the money is out of her control, however, because it is in the name of a third party, the court may find that she has "wasted" this marital asset and she could be ordered to pay you back your share or it would be deducted from any other property or assets she would otherwise be awarded in equitable distribution. Be sure to keep any bank statements or other documents that show this money being withdrawn.
This answer is given in accordance with the laws of Virginia and may not be applicable in any other state. It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.
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