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If a legal separation was issued by one party for a process of divorce and moved out of the premises several weeks later, only to have the other spouse involved in a motor vehicle accident with long term brain damage. The filing party had a lock smith cut the locks on the other parties premises less than 24 hours later an moved back in, does the party that filed the divorce have an financial burden for the other party, since a divorce decree was not issued?

by myself 2 Posts
Posted on 5/8/2008 11:16 PM

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wow - the non injured spouse is a piece of work.

Well, you know they were on the road to divorce anyway - so it is probably best to entertain a settlement HOWEVER I wouldn't settle for any less than what the spouse would have gotten if they weren't injured.

I can help you acertain that if you want - but you'd have to give me specifics, and it seems you are keeping things vague on the board - e-mail me your regular e-mail address and I'll get back to you with the information I'd need to help you out...if you are interested.

the e-mail here is in the upper right hand corner...cut and paste my name spaznskitz

by spaznskitz 3845 Posts
Posted on 5/10/2008 12:55 AM

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First, thank you. I thought this was the case and the spouse is trying to put pressure on us to make a property settlement and sign divorce papers. My husband and I have been award legal guardianship of the injured spouse and the other spouse now wants all the asset with no financial responsibility (we are looking at assets in excess of $500,000) we have an attorney but we are 3000 miles away in another state trying to handle this and keeping the costs down, since the injured spouse has no income at this point. Can we just let things ride out for now or should we entertain settlement? The injured spouse at some point (with rehab) may be able to have independent living and we are trying to secure that spouses future, however, it could be as long a 1 year before we know. These are questions that we have asked the attorney and it's never been clarified.

Thank you

by myself 2 Posts
Posted on 5/9/2008 10:36 AM

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yes, you are still legally married.

I'm a family law attorney

by spaznskitz 3845 Posts
Posted on 5/9/2008 1:55 AM

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