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MY HUSBAND TOOK OUT HIS 401 K OUT OF BANK BECAUSE I CAUGHT…

MY HUSBAND TOOK OUT...

MY HUSBAND TOOK OUT HIS 401 K OUT OF BANK BECAUSE I CAUGHT HIM CHEATING AND HE SAID I AM NOT GETTING HIS 401K

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

NO JUST TALKED ABOUT IT IN ARGUMENT WITH HIM

Lawyer's Assistant: Family law varies by state. What state are you in?

TEXAS

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I AM AT WORK SO I MAY HAVE TO WAIT UNTILL LUNCH

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Answered in 4 minutes by:
3/15/2018
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 31,968
Experience: Attorney with experience in family law.
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

All assets acquired during the marriage are community property and will be split 50/50 during a divorce. As soon as you file, there is an automatic restraining order on all marital assets. You can also file a Motion with the divorce papers, asking the judge to order him to redeposit the money.

Typically, a person can't cash in their 401(k) without quitting their job. You might want to ask for some proof that he actually closed the account. But, still, he can't just close the account and keep all the money. You can tell the judge what he did, and the judge can enter an order that you get your fair share. On top of that, since he tried to hide the money from you, you can ask the judge to give you MORE than half. They have discretion to do that when one party is breaking the law.

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If you have any joint accounts, you may want to check to make sure he's not emptying them. You may want to consider opening an account in your name only and moving any direct deposits into it so you can still access funds while the divorce is pending. But if you go ahead and file, you will be able to fight for your half of that money. A local attorney may be able to help.

Have I answered your question? If any part of my response is unclear, please reply WITHOUT rating so I can clarify. My goal is to provide excellent service, so if I've done that, please give me a 5-star rating before signing out. Thank you for using JustAnswer.

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Customer reply replied 1 month ago
good

I'm glad I could help. I hope it all works out for you.

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Customer reply replied 1 month ago
if I go forward and actually need a lawyer to do the divorce how much is that going to cost me; or is that covered in the 46. a month charge

JustAnswer unfortunately isn't able to represent customers. If you were to try to do it yourself, we could answer questions, and those questions would be covered by your monthly charge. But if you want someone to draft the Complaint, go to court, argue motions, and things like that, you'd hire a local attorney.

A good place to find someone is www.martindale.com.

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Cost is going to vary based on multiple factors, including how much you expect your husband to make things more difficult, the amount of assets you have, if you have kids - plus the attorney's firm size, location, education, experience, and other factors. Talk to a few, and they can each give you an accurate estimate.

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Customer reply replied 1 month ago
10

Thank you! You should see ratings buttons off to the site. Choosing one will close out the conversation and let the site know to forward your payment to my account.

There is no charge for related questions after rating. I am about to step away for an appointment, but if you have more questions, I'll reply as soon as I can.

Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 31,968
Experience: Attorney with experience in family law.
Verified
Lucy, Esq. and 87 other Family Law Specialists are ready to help you
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Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 31,968
31,968 Satisfied Customers
Experience: Attorney with experience in family law.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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