Q: My husband is getting LG settlement very soon. Should I start divorce or separation. Because he is going to spend it
We have been together for 15yrs 10yrs married and I am very concerned that when he gets the money he will take off and spend it on drugs or just kick me out with nothing. I'm wondering if I file for divorce or if I should just separate because I have been through a lot with him what would be the best way to do this. can I put a lean against the money ? Thank you very much for your help
A:
In California, divorce and legal separation have different implications. Filing for divorce means you're seeking to legally end your marriage, whereas legal separation allows you to live apart without ending the marriage. Since you're concerned about the potential misuse of settlement funds, it's important to act quickly.
If you file for divorce, the court can issue temporary orders to protect assets, including the settlement money, during the divorce process. These orders can prevent your husband from recklessly spending or hiding the funds. However, you cannot directly put a lien against the settlement money, but the court can make orders regarding its use and distribution.
In a legal separation, you remain legally married but live separately. This might be an option if you're unsure about ending the marriage or have other reasons to stay legally married. Like divorce, legal separation allows for similar orders regarding assets and finances.
Given your situation, it's crucial to consult with a family law attorney. They can advise you on the best course of action based on your specific circumstances and help you navigate the legal process to protect your interests. Remember, your safety and financial security are paramount.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
