Legal Question in Family Law in California

I have filed for divorce. My husband and I have agreed on a non contested divorce but when we filed out the Marrage agrrement to submit to the judge.He withdrew over $80,000 and claims that it burnt up in a fire and that he doesn't have the money. When we fill out the MSA is shows that I have all the money since I am the sole provider, I am military and he is a full time student. Will the judge go against me if I can't prove where the money is? I can only prove he withdrew it.


Asked on 4/11/10, 9:59 pm

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

If the two of you have an agreement the judge may not be concerned about the money or division of property, as long as if there are children they will be supported. If your husband withdrew the $80,000 after you separated, he would still owe you one half of the amount that he withdrew. If he took it, it is his responsibility to protect it or insure it. Allowing it to burn in a fire is very immature. I would strongly suggest that you get a consultation with an attorney before you proceed. Good Luck, Pat McCrary

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Answered on 4/17/10, 8:06 am


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