Section 233. Sequestration of defendant's property in action for divorce, separation or annulment where defendant cannot be personally served  


Latest version.
  • 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.