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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111550
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I am currently getting divorced. We have set trial dates. I

Customer Question

Hello.
I am currently getting divorced. We have set trial dates.
I have a crooked judge.
I have come to the conclusion it is a wash in this Judge's court and I would like to sue my husband for mismanagement of marital funds among several other things and I would like to know if it is possible to start my actions in civil court while my divorce is still pending?
Any information would be helpful.
Thank you.
Submitted: 8 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 8 months ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

This would not be a separate action, it would be something that has to be raised in your divorce action. If the judge has shown some evidence of actual bias towards you, then you should have your attorney move to have the judge recused and get a new judge. A judge can be replaced if you have evidence of actual bias.


Any mismanagement or hiding of marital assets though is something that has to be brought up in the divorce case in order to have the court adjust equitable distribution to grant you a larger share of the remaining assets in the estate.

Customer: replied 8 months ago.

can it be done? is there anything, meaning a law or anything that states I cannot sue him now in civil court?

Please, I do not wish to go into details, I am just asking if it is possible. I know I can do it, but my question is can I do it now.

I know about recusal, etc.

With all due respect, I am seeking an answer not advice.

Thanks!

Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your reply.

No, as long as your divorce has not been finalized, it cannot be done because you cannot sue your lawful spouse. If the divorce is final and the final order is issued, yes it could be done.
Customer: replied 8 months ago.

Awesome. Thank you.

I appreciate the other information, it's just that I am not in a position to take on an extremely crooked New York Judge at this time and I prefer to let it play itself out for fear of tainting my chances in the other court.

Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your reply.

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