How do I divorce my wife and get part of her settlement? 12 Answers as of September 18, 2013

I've been married almost 3 years. We have been separated almost 2 years. Before we got married, my wife had started a lawsuit for wrongful death for a new born child that wasn't mine. Beginning of this year, they awarded her $500,000 but won't let her have access to it till it's all over. My question is, can I get any of the monies if I do a big divorce? Or do I do the no contest divorce?

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Fox Law Firm LLC
Fox Law Firm LLC | Tina Fox
Unfortunately for you, you are not entitle to any of that money.
Answer Applies to: Illinois
Replied: 9/18/2013
John Russo | John Russo
Why do you even want any of that money? Well I don't know who you have been talking to but that money is not considered a marital asset. OH and by the way whats a "Big divorce"?
Answer Applies to: Rhode Island
Replied: 9/18/2013
Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
If you are not the father of the child why would you get any money?
Answer Applies to: Georgia
Replied: 9/18/2013
Provda Law Firm
Provda Law Firm | Bruce Provda
It would seem unlikely, but consult with a local family law attorney.
Answer Applies to: New York
Replied: 9/18/2013
Peyton and Associates | Barbara Peyton
If. It's a personal injury settlement, you can't get it. It is her separate property.
Answer Applies to: California
Replied: 9/18/2013
    Coulter's Law
    Coulter's Law | Coulter K. Richardson
    You are not entitled to that money unless she wants to share it with you.
    Answer Applies to: New Jersey
    Replied: 9/18/2013
    Elizabeth Jones, A Professional Corporation
    Elizabeth Jones, A Professional Corporation | Elizabeth Jones
    Your marriage ws for only one year as measured from the date of marriage to the date of separation. And by your own admission the baby was not yours. In what universe do you think you are entitled to ay part of that settlement?
    Answer Applies to: California
    Replied: 9/18/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    I don't think you deserve any of the money as you were not the father. I suppose that some part of the proceeds would be community property and you would be entitled to half of that. Make a claim. She may be willing to pay you something just to get the divorce.
    Answer Applies to: Idaho
    Replied: 9/18/2013
    Catchick Law, PC
    Catchick Law, PC | Matt Catchick
    If the child wasn't yours, and if the lawsuit was started before your relatively short-term marriage, you will likely have a tough time claiming half of the money. Perhaps you can bargain to at least get a portion of it. If you and your wife "commingle" the $500,000 and use it for marital things, that may drag at least part of the money back into the marital estate.
    Answer Applies to: Michigan
    Replied: 9/18/2013
    Law Office of Cassandra Savoy
    Law Office of Cassandra Savoy | Cassandra Savoy
    I can not imagine why you would get any of it with or without a big divorce. The child who died was not yours. The lawsuit started before you married her. You are not with the mother now. The money was not the results of efforts you and your wife put in to earn it. Where's the entitlement?
    Answer Applies to: New Jersey
    Replied: 9/18/2013
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    Go talk to a nasty, smart divorce attorney near you, and take action. Nasty, smart action. Too bad you are not in New Jersey. I could help you. It is hard to find a good divorce lawyer who will fight for you and not charge an obscene amount of your money. Find someone who spends most of their time in divorces. Find someone who has been in court several times this year (2013) in the county courthouse where your divorce will be filed. If they don't go to court often, they are not the lawyer you want. And find someone who has handled at least three or four full and complete divorce trials.
    Answer Applies to: New Jersey
    Replied: 9/18/2013
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    Not unless she agrees to give it to you. The proceeds of a lawsuit of this nature are not marital property.
    Answer Applies to: New York
    Replied: 9/17/2013
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