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This entry was published on 2014-09-22
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Sequestration of defendant's property in action for divorce, separation or annulment where defendant cannot be personally served
Domestic Relations (DOM) CHAPTER 14, ARTICLE 13
§ 233. Sequestration of defendant's property in action for divorce,
separation or annulment where defendant cannot be personally served.
Where in an action for divorce, separation, annulment or declaration of
nullity of a void marriage it appears to the court that the defendant is
not within the state, or cannot be found therein, or is concealing
himself or herself therein, so that process cannot be personally served
upon the defendant, the court may at any time and from time to time make
any order or orders without notice directing the sequestration of his or
her property, both real and personal and whether tangible or intangible,
within the state, and may appoint a receiver thereof, or by injunction
or otherwise take the same into its possession and control. The property
thus sequestered and the income therefrom may be applied in whole or in
part and from time to time, under the direction of the court and as
justice may require, to the payment of such sum or sums as the court may
deem it proper to award, by order or judgment as the case may be, and
during the pendency of the action or at the termination thereof, for the
education or maintenance of any of the children of a marriage, or for
the support of a spouse, or for his or her expenses in bringing and
carrying on said action and the proceedings incidental thereto or
connected therewith; and if the rents and profits of the real estate,
together with the other property so sequestered, be insufficient to pay
the sums of money required, the court, upon such terms and conditions as
it may prescribe, may direct the mortgage or sale of sufficient of said
real estate to pay such sums. The court may appoint the plaintiff spouse
receiver or sequestrator in such cases. The court may authorize such
spouse to use and occupy, free of any liability for rent or use and
occupation or otherwise, any house or other suitable property of the
defendant spouse as a dwelling for himself or herself with or without
the children of the marriage, and may likewise turn over to the
plaintiff spouse for the use of such spouse with or without the children
of the marriage any chattel or chattels of the defendant spouse. The
relief herein provided for is in addition to any and every other remedy
to which a spouse may be entitled under the law.