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    ah09's Avatar
    ah09 Posts: 1, Reputation: 1
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    #1

    Oct 6, 2012, 06:25 AM
    Can I sue?
    Me and my husband have been married for almost 3 years. Well in jan of 2011 I got pregnant thts when he started cheating on me. In march he kicked me out and the night he kicked me out he moved his girlfriend in. while I was gone he didn't pay of the bills(lights, rent, car insurance, cell phone, or cable). June 6 2011 he got hit by a car while riding his skateboard. After he begged me to come home I did. So I came back June 14th. Well he sued the man that hit him. He settled oct 1st 2012. In march of 2012 I tlkd to my husband's girlfriend and she tld me how he was cheatin on me with her and he had her staying in our house,sleeping in our bed, driving our car, and he even denied our son. So on march 31 I left him and moved home wit my parents(he lives in va, I'm in ga). He keeps telling me that he don't wnt to get the courts involved so he'll send me $250 on the 1st and $250 on the 15th. Well he settled with his lawyer and he got a check for $7600. And he put it in our joint acct. then he moved it into a separate acct. he tld me he was going to send me $1000, he gave me $400. Well now he's saying he's not going to give me anything and he's spending it on alcohol and tattoos for him and his friends. Since I was there to be his emotional support and take him to all his therapy sessions, am I entitled to any of the money? Can I sue him for half of it?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Oct 6, 2012, 06:40 AM
    No, you can't sue in court for anything, except in divorce court,

    You can sue for child support, perhaps for spouse support, and for 1/2 of all marital property.

    Also he can not kick you out, not sure why you allowed it.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Oct 6, 2012, 06:40 AM
    Quote Originally Posted by ah09 View Post
    me and my husband have been married for almost 3 years. well in jan of 2011 i got pregnant thts when he started cheating on me. in march he kicked me out and the night he kicked me out he moved his gf in. while i was gone he didn't pay of the bills(lights, rent, car insurance, cell phone, or cable). june 6 2011 he got hit by a car while riding his skateboard. after he begged me to come home i did. so i came back june 14th. well he sued the man tht hit him. he jus settled oct 1st 2012. in march of 2012 i tlkd to my husband's gf and she tld me how he was cheatin on me with her and he had her staying in our house,sleeping in our bed, driving our car, and he even denied our son. so on march 31 i left him and moved home wit my parents(he lives in va, im in ga). he keeps telling me tht he dnt wnt to get the courts involved so he'll send me $250 on the 1st and $250 on the 15th. well he settled with his lawyer and he got a check for $7600. and he put it in our joint acct. then he moved it into a seperate acct. he tld me he was gonna send me $1000, he gave me $400. well now he's saying he's not gonna give me anything and he's spending it on alcohol and tattoos for him and his friends. since i was there to be his emotional support and take him to all his therapy sessions, am i entitled to any of the money? can i sue him for half of it?

    You need to go to Court, file for divorce, ask for spousal support and child support BUT you need to be a resident in the State where you file, and that appears (because of the time frame) to be Virginia).

    How was the settlement broken down? Was there one amount for pain and suffering OR was it broken into pain and suffering and a separate amount for you?

    Only an Attorney can tell you what you can ask for and receive from him. My feeoing? By the time you get to Court he'll have spent the settlement.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Oct 6, 2012, 07:13 AM
    Quote Originally Posted by ah09 View Post
    ... he keeps telling me tht he dnt wnt to get the courts involved ...
    The courts need to be involved for a divorce, and you need a divorce.

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