Legal Question in Family Law in California

Freezing husbands pending law suit money

How do I make sure I get half of pending law suit money my husband will receive soon as I want to file for divorce? What form do I either make or fill out? Do I take it to the local court and see a judge or drop it off? Then address it in the divorce papers that I am entilted to half of the lawsuit money? Then do I serve the form to his attorney handling the lawsuit so that it freezes the money until our divorce is recorded? In my divorce papers do I address it to be split and the law suit attorney then disburses it accordingly once divorce is filed. I want to make sure he doesn't get the money while we are waiting for the divorce to go through. I could never say sue him for it later as he will have spent it and be broke if he gets his hands on all of it. Am I entitled to half? We been married 10 years and the lawsuit was for something medical that happened to him last year.

thank you


Asked on 11/01/04, 1:41 pm

2 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Freezing husbands pending law suit money

You may not be entitled to any of the settlement, but you may be able to use it to negotiate a favorable marital settlement agreement. Obtain representation for you divorce and assure that you get a well-informed and reasoned opinion. Call me directly at (619) 222-3504.

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Answered on 11/01/04, 2:16 pm
Damian Nolan Law Offices of Damian M. Nolan

Re: Freezing husbands pending law suit money

You did not indicate how much money is involved in the lawsuit. In any event, there are many issues in a "long-term" divorce which need to be resolved.

I strongly advise you to retain an attorney to assist you. The legal fees may be money well spent.

Regards,

Damian Nolan

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Answered on 11/01/04, 7:31 pm


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