Legal Question in Family Law in Florida
married but seperated and husband has malpratice lawsuit
I am still legally married to my husband but I have been separated for about 2 years, I filed for divorce about a year and a half but the divorce was thrown out of court because he wouldn�t sign and I had a weak attorney. Anyways this is the situation he has a malpractice lawsuit going on in the state of Michigan with 2 large hospitals. I was married to my husband for 22 years. And we have 3 children he says i am not entitled to the money he is going to win in his lawsuit. I no longer live in the same state as he. I think i am entitled to his lawsuit due to the fact I am still his legal wife. He says he is filling for a divorce in his state should I hire a lawyer to fight this? What do you suggest?
4 Answers from Attorneys
Re: married but seperated and husband has malpratice lawsuit
You need to send me a copy of your court case records before I can advise you.
Re: married but seperated and husband has malpratice lawsuit
His lawsuit would certainly play a part in equitable distribution in Florida. Were you named as a party in the case? You should retain counsel in Florida to protect your interests. Good luck.
Re: married but seperated and husband has malpratice lawsuit
Yes,....definitely fight it. The lawsuit winnings are a marital asset. For more info, please contact my office at (248)851-3171.
Re: married but seperated and husband has malpratice lawsuit
Generally speaking, the lawsuit is a marital asset and you would get a piece of it. As far as why your case was dismissed, you know it didn't get thrown out because your attorney was too weak. That is a sign that you may be your own worst enemy. If you decide to get divorced, get a good lawyer and let the lawyer do his or her job. William S. Stern 248-353-9400
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