I am currently going through a divorce, my wife signed and cashed a check made out in my name? Isn't it forgery and illegal.

I am going to assume that you have no attorney and that you have no order regarding use of the joint account. First, you should probably be ending the joint account. Second, Atty. Smith is correct that much of this turns on what the check was for - who's loss?, who was the check compensating? Next is the strategic question she raises - is the amount worth the fight now or later? Once a divorce case is filed, there is an automatic restraining order against extraordinary financial transactions. You can keep paying ordinary bills, but nothing out of the ordinary. So you could attack her transaction on that basis. But again, what and who was the check for? It could be a marital asset that you both have claim to, or it could be property of one or the other of you. If you feel strongly that the check is yours, separate from theaeital estate, then file a motion for an order compelling it's return to you. You'll either get it, not get it or it will be accounted for in the ultimate resolution. But end the joint account. If your paycheck is going into it, send it instead to account in your own name. That way you avoid her draining the entire account, which she would be entitled to do. If there are joint expenses or debts you are still paying, contribute your share faithfully from your separate account, but do not risk her repeating this act by maintaining funds in that account.

I agree with the two attorneys who answered before me but I would like to address the criminal issue that they did not. The shorty answer is that if the check was made out to you and she forged your name she did commit a crime. That does not mean she will necessarily be prosecuted. You may want to pursue it or you may not want to, it depends on a number of things. The first thing you should consider is why the insurance company sent money to you or your wife. If the money really supposed to go for your wife it is probably not worth pursuing. You should probably not seek charges just to be spiteful. On other hand there is a chance that it could give you some leverage in your divorce proceedings but I would need to know more about your case. You really should have a divorce lawyer helping you with your case because it sounds like it will have a fair number of issues to resolve. If you want to have charges taken out you can go to the local police with copies of the documents form the bank, (the signed check, your bank account statement and anything else you have). They may bring a charge out or they may not. Do not be surprised that police are sometime just not helpful. If they do not want to help you, you can go to the District Courthouse in your jurisdiction and make an application for a private criminal complaint. There is a small fee associated with it. In that case you two will be noticed for a hearing before a magistrate at a future date to see if a criminal charge will issue against her. That is the short version. My best advice is to get a lawyer to help you with all of the issues you have. Good luck. ---Marc D. Roberts, Esq. (508) 672-2322 xyzlaw.com