Asked in Civil Rights, Constitutional Law, Divorce and Family Law for Montana

Q: Wife convicted attempted homicide two shots lever action gun hit once in stomach. Stems from asking for divorce civil

Suit what can it recover. Spent ridiculous amount on divorce already with no end. Wife is in Billings Montana prison. Had a prenup all retirement funds are froze need help

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: In cases of personal injury stemming from a criminal act, you may pursue a civil suit for damages. This can include compensation for medical expenses, pain and suffering, lost wages, and any other losses directly related to the incident.

With regards to the divorce, while the prenuptial agreement can guide the distribution of assets, it's essential to review its terms closely. Retirement funds, even if "frozen" currently, can be divided or distributed based on the prenup's stipulations and state law.

If you feel your rights under the prenup are not being upheld, you should consider legal action. Given the complexities of intertwining criminal, personal injury, and divorce proceedings, it's crucial to consult directly with an attorney experienced in these matters. They can provide a comprehensive strategy to navigate these overlapping issues. Prompt legal action can also help ensure you're adequately represented and protected throughout this process.

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