Property rights in a divorce case

If your wife was served with automatic orders, there are certain assets she cannot dispose of. Consult with and retain a matrimonial attorney who can take over your case and advise you of how to proceed. It is possible that you can seek compensation as part of the ongoing proceeding.

We cannot represent you by remote control and provide to you legal advice online. You need to retain a new attorney and respond to her act of disposing your stuff. Automatic orders prevent actions like this but there are exceptions and exclusions and only a consultation with a lawyer will provide you with the 'options' you are looking for. One may be to do nothing; another may be to file a police report for felony criminal mischief. New York Penal Law 145. We just do not know without all the facts.

Seek the intervention of the court. You need an attorney to file an order to show cause to hold her in contempt as well as to help you with this matter in general. You can use the find a lawyer tab or you can speak to one of the attorneys answering this question. Our information is available through Avvo.

Your first step should be to consult with an attorney for specific advice and a global strategy for your divorce. Just dealing with your wife's bad behavior on this one issue may be shortsighted or even contrary to your best interest in the divorce overall. Certainly, you can seek court intervention concerning the furniture but my guess is there's more than furniture at stake. Good luck!

Your wife's conduct, as you describe it, is a violation of the automatic orders attached to the summons. One option is to file a contempt motion, but use of this remedy should be carefully considered and well planned, especially where the cost of the motion and the hearing which will likely follow may be prohibitive. Although an attorney's fee award can be granted along with a contempt remedy (fine or imprisonment) and could reduce the ultimate cost to you, many judges are reluctant to tie up courtroom time on fights over furniture and will deny attorney's fee awards to an overly litigious party. Seek the advice of an experienced attorney, as there really is no substitute for advice from an attorney who knows all of the facts of your case, including the judge who is handling your matter.