In some divorces, there is a very real threat one party may try to drain a jointly held bank account and abscond with the money. But is there a proper legal procedure for freezing a bank account? Is a court order necessary? The lawyers at Knochel Law Office in Bullhead City, Arizona, serve clients in Arizona, California, and Nevada. Below, they discuss the issue of court orders and bank accounts in these states.

Arizona

When you file for divorce in Arizona, part of the order handed down by the courts states that neither party can transfer, sell, or conceal any jointly held accounts or property. But be careful. While this sounds like an account freeze, it's actually not; the term "party" does not apply to third-party individuals or organizations, so the bank could transfer the money on your behalf into a different account at your request. Obtaining an official, legal freezing of accounts is complicated in Arizona and would require the bank to become a party to the case. Your lawyer will help you navigate this process.

California

The California Financial Code makes provisions for situations where one party may attempt to appropriate funds for questionable purposes. The code stipulates that if the threat of misappropriation is suspected, a bank can refuse payments or withdrawals at another's request. As long as you deliver the proper affidavit, the bank must approve your application to freeze. You're under a strict deadline, however: The freeze will only be in place for three court days.

Nevada

In Nevada, a bank can freeze a jointly held account at your urging. Bear in mind neither you nor your spouse will be able to access the funds in a frozen account until your divorce is resolved. If misappropriating funds is a potential threat, your lawyer may also attempt to file an injunction to prevent large withdrawals or purchases.

If you’re going through a divorce and need legal assistance with your bank accounts, contact Knochel Law Office to schedule a consultation with a lawyer and explore your options. You can also call (928) 444-1000 or connect with them via their Facebook or Google+ pages to learn more about the legal aid and counsel they offer.