We have an agreed order stipulating that we are to use the joint bank account as custom in the marriage. Spouse stopped putting her paychecks in it and I’ve been watching our savings dwindle as all our bills, including lawyer fees, her monthly $6k credit card bills, and my bills (we’re seperated) suck it dry. I told my lawyer to file a motion against the spouse for breaking the agreed order and provided all bank statements that prove it. Lawyer says it’ll come out in Discovery. I think it’s a mistake not calling out something that is in black and white and I think if we don’t, the spouse will get away with all the funds she’s stashing, possibly being stored in her business’s account that I dont have access to.

What do y’all think? Is dropping a motion a waste of time and money? If my lawyer won’t do it, can / should I go down to the clerk and do it myself?