Legal Question in Family Law in California
Nigerian scam victim's wife - save both of them
A woman in her mid to late 70's, married for almost 50 years, has been working hard all this time, her partner in business is her husband and she just found out that he has fallen victim to a Nigerian scam and has given them over $100k in less than a month, has been confronted by her and refuses to stop and he hasn't created his own income in over 15 years.
What kind of attorney should she talk to? The preferred outcome would be to halt his ability to do more harm. This may lead to a divorce, but is hopeful that it will not. At this time, she doesn't want to press any charges against him, just stop his insanity.
Please advise.
1 Answer from Attorneys
Re: Nigerian scam victim's wife - save both of them
You have two possibilities:
1. File for divorce and serve him with the summons and petition. The summons has temporary restraining orders that stop the dispersing funds pending the dissolution of marriage and the distribution of funds.
2. File a petition for conservator ship of your husband. Request a temporary appointment of a conservator. The request would be based on his being incompetent.
The divorce would be the fastest easiest way to obtain a court order curtailing his access to community assets.
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