we were married 28 years and for the last 15 years my husband drew workmans comp and now settled and received life time disability for work related injury,our marriage is been troubled for the last few years we decided to separate he has been living out of state for 1 year and will not communicate after closing all bank accounts without my knowledge what steps should I take to file for divorce
Assuming the bank accounts had his name on them, then he is within his rights to withdraw money from him. Marriage is built on trust and he has betrayed your trust, but you presumably allowed him to have full access to these accounts. However, if that money was earned during the marriage, then it is still a marital asset that can be divided in a divorce. However, if that money was from his worker's compensation settlement, that may be his separate property, to the extent that it was to compensate him for pain and suffering or future wages. Any portion that was to compensate him for past wages, during the marriage, should be marital property, which you may still be able to make a claim on.
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. If you need further information or assistance, please feel free to contact my office for a consultation.
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