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CalAttorney2
CalAttorney2, Attorney
Category: Family Law
Satisfied Customers: 10238
Experience:  Civil litigation attorney for individuals and businesses.
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My wife and I just moved to Fla. from NYC. I was seriously

Customer Question

My wife and I just moved to Fla. from NYC. I was seriously injured on the job in NYC. I have a settlement of $10 million coming up this November. She has said she will take her 5 million and leave me. Is there a way I can keep her from getting this money? She has threatened to kick me out of the new home we just bought - she family in Fla. and my family is in NYC.
JA: OK. The Family Lawyer will need to help you with this. Have you talked to a lawyer yet?
Customer: No not yet - I think I need a really good lawyer.
JA: Anything else you think the lawyer should know?
Customer: I have chronic severe nerve pain that cannot be controlled. I am not a wimpy man but now the pain has me always crying. I have severe depression because I am not able to do anything or lift over 5 lbs with my shoulder injury even after 2 surgeries. I am even on methodone for the pain but it's not much help and is turning my once bright mind into mush. my wife is very happy in Fla. because her family lives near by. I have my family in NYC. I worry she will have me sign papers influenced by her family. .I really need help in more ways than one. Please help me. Thank you.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Family Law
Expert:  CalAttorney2 replied 5 months ago.

Dear Customer,

Thank you for using our forum. My name is ***** ***** I hope to assist you today.

You are correct in that you need a good attorney promptly. (Given the amount of money that is in dispute (or about to be in dispute) this is a case that requires legal counsel).

The way in which your settlement is structured is likely going to determine whether or how your settlement is going to be divided in any dissolution proceeding.

Oftentimes it is possible to show that pain and suffering damages are not marital property, but rather separate property (as these damages are designed to compensate the individual that actually suffered the injury, as opposed to marital property - as we often see with the lost income portion of the settlement which is more commonly divided).

But speaking with a good local attorney should be your first priority. I would recommend contacting a couple of attorneys, speak with them, decide which you feel most comfortable with, and then retain that one. This is likely to be a long term dispute and a long term professional relationship, so interview multiple attorneys, then hire one that you feel most comfortable with.

You can find local attorneys using the State and local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly - although when using AVVO, it is sometimes necessary to visit the attorney's direct website and contact them that way rather than using the AVVO email link (unfortunately attorneys get a lot of phishing emails), and phone calls are always best).

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