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hi I am living in NJ and are going through a rough divorce. My wife is still living in our joint owned house with our youngest child who is 18. I filed for divorce in august last year. And we are going to court next week because she is behaving in bad faith draining accounts on money and hiding money in secret accounts. We have got a subpoena on her accounts but what she refuses to give me is the statements on her credit cards which I know she has in the house. And I have the right to see them. I asked her several of times this week that I want to come to the house and pick them up but she refuses to give them to me. Is it possible for me to get police escort into my home to retrieve the statements? I need this information Tuesday next week when meeting with the judge to show what she has been draining money on. The judge has previously allowed her to spend 3000 dollars per month but from what he accounts and bills show she is spending ca 8000 dollars per month and she is only earning
1 ANSWER
Anthony Van Zwaren
This is a complex question that cannot really be resolved on an open forum such as this one. Certainly you have a right to file to enforce the subpoena and if she refuses to ask the judge to have her held in contempt. If you know the companies where she has her accounts, you can also serve subpoenas on the credit card companies to get the records. If the home is a marital home and there are no court orders prohibiting you from entering your home, you may be able to get the police to accompany you, but I believe in most towns, they want a court order for such escorts. If you already have an attorney you should consult with that person. If not, you should definitely seek respresentation.
Answered on Apr 28th, 2016 at 10:26 AM