Legal Question in Civil Litigation in New York

Re: civil suit and my money

This is a very complicated area, with no easy answer. It can be yes or no depending on the nature of the debt, the basis for the suit, and

there is no such thing as a "quick divorce" that will solve the problem. The only certain solution is a separation agreement converted to a divorce judgment that contains a provision that you are each reponsible for your own debts.

That still does not prevent a third party from suing you as a result of the debt; freezing assets etc. However, if nothing was transferred to you to avoid payment of the debtyou will eventuially prevail and should be able to get attorneys fees if they post a bond.

I have experience with this type of situation if you wish to make an appointment.

Re: civil suit and my money

The separation means that you are no longer one economic unit. Anything that is 'separate property' today will not be available to satisfy this person.

That is the simple answer. If I were the other lawyer, I would make an effort to make your assets applicable to the debt (the judgment). It is how we are taught to deal with such matters in law school. But that does not mean he will succeed! It is just a startegy.

The doctrine of 'tracing' states that money traceable (having its origin) in something related to this debt will be applied to the debt. But non-traceable money owned by you would not be applied.

In general, you are likely going to be ok. But a faster divorce will not hurt. You want your divorce decree and division of the marital assets BEFORE any judgment. Is your lawyer aware of this issue?

You are welcome to a consultation for no fee. Email is best to make an appointment.