Richard Allan Nocks, Esq., is a New Jersey attorney committed to representing clients in Family Law cases. Focusing on Divorce, Post-Divorce, and all other aspects of Domestic Relations, we use our expertise and skills to fully meet our clients’ unique needs and concerns.
Getting to a spouse’s safe deposit box without prior notice
Does your spouse keep a safe deposit box, and you don’t have the key? Do you get the feeling that he or she may be filling it with cash or trying to hide an asset? You may be entitled to all or at least a part of that money, too. The problem is, of course, that the cash can disappear before you get a chance to inspect the box once your spouse knows you want to see what’s in there. In a case in which I represent the wife and the husband owns a restaurant, I filed an “Order To Show Cause” to inspect the box and secure its contents without any notice to the husband. Obviously, if we had to give notice, doing so would defeat the purpose of the OTSC because the contents of the box could have been withdrawn before I made it to the bank. The Judge granted the OTSC, without any notice to the husband whatsoever. This is called an ex parte application because it filed without notice to the other side. The Judge further directed that the cash, if found, be held in escrow by the bank. And that’s precisely what happened – I got to the bank and had a locksmith come to the bank to drill out the lock. I found about $80,000 in cash, and the bank manager took control of the cash and put all the money in a separate vault. I notified the husband after we already secured the money. But for him, it was too late and we beat him at his own game. The moral of the story is, there are ways to get funds that your spouse may be hiding.
