CA-Does Legal Separation $$ Mean No Divorce $$

[sandrawg]

I am in the state of California. About a year ago, my husband and I filed for legal separation. I was having extreme panic attacks at the time, and I'm not even sure what I signed. Anyway, he gave me $80,000--I don't even know what this was for. It might have been for the equity on our house.

Now, unfortunately, he is considering getting a divorce (he wants it, I do not). There are other assets in the marriage besides the house, and I think the house may be worth much more money now--my husband has a business that he started during the marriage which is doing very well. My question is, is the $80,000 I got in the settlement all I can get? Does signing that settlement mean I am not entitled to anything else in a divorce proceeding?

Thanks.

[I AM ALWAYS LIABLE]

Originally Posted by sandrawg

I am in the state of California. About a year ago, my husband and I filed for legal separation. I was having extreme panic attacks at the time, and I'm not even sure what I signed. Anyway, he gave me $80,000--I don't even know what this was for. It might have been for the equity on our house.

Now, unfortunately, he is considering getting a divorce (he wants it, I do not). There are other assets in the marriage besides the house, and I think the house may be worth much more money now--my husband has a business that he started during the marriage which is doing very well. My question is, is the $80,000 I got in the settlement all I can get? Does signing that settlement mean I am not entitled to anything else in a divorce proceeding?

Thanks.

My response:

As in a Dissolution, property and other assets and debts are divided upon a legal Separation. So, I can only presume (because I haven't seen your Marital Settlement Agreement) that your "marital estate" has been settled and, as of the date your legal Separation was granted by the court, and since that date, you are no longer entitled to anything from the marriage. A legal Separation "cuts the ties that bind". The only thing that remains is your marriage until that, too, is finally dissolved by further proceedings.

IAAL

[sandrawg]

Here's the thing, though--I was having severe panic attacks and in a bad mental state at the time I signed the agreement. I was seeing a psychiatrist and being treated for this condition. I was so freaked out, I didn't even know what the $80,000 was for.

[I AM ALWAYS LIABLE]

Originally Posted by sandrawg

my husband has a business that he started during the marriage which is doing very well.

Originally Posted by sandrawg

Here's the thing, though--I was having severe panic attacks and in a bad mental state at the time I signed the agreement. I was seeing a psychiatrist and being treated for this condition. I was so freaked out, I didn't even know what the $80,000 was for.

My response:

Yes, I know. Those panic attacks really get bad when you've finally figured out you screwed yourself, and his business starts "taking off like a rocket." It's enough to "freak" anyone out. You were this >< close to raking in "the big bucks," but the relationship couldn't wait for that to happen and he dumped you.

No one held a gun to your head when you signed the MSA.

It's over.

IAAL

[sandrawg]

Originally Posted by I AM ALWAYS LIABLE

My response:

Yes, I know. Those panic attacks really get bad when you've finally figured out you screwed yourself, and his business starts "taking off like a rocket." It's enough to "freak" anyone out. You were this >< close to raking in "the big bucks," but the relationship couldn't wait for that to happen and he dumped you.

No one held a gun to your head when you signed the MSA.

It's over.

IAAL

You don't know anything about this situation-that is not how it happened at all. But I'm not going to bother trying to enlighten you.

[VeronicaGia]

Originally Posted by sandrawg

You don't know anything about this situation-that is not how it happened at all. But I'm not going to bother trying to enlighten you.

You just got free advice from a CA attorney. If you don't like that free advice, then go pay a CA attorney to tell you the same thing, or to lead you on and tell you what you want to hear. He or she will be happy to relieve you of that 80 grand.

[I AM ALWAYS LIABLE]

Originally Posted by sandrawg

You don't know anything about this situation-that is not how it happened at all. But I'm not going to bother trying to enlighten you.

My response:

Did I, somehow, give you the impression that I cared?

Forgive me if I did. Let me assure you, I don't.

IAAL

[garrula lingua]

1. were you represented by an atty when you signed the msa

if so, ask your atty about the terms; you will have a hard time convincing a court you didn't know what you signed if you were represented.

2. either way, if you are confused, go to the court (to the clerk's area) and ask for a copy of the court file. Look thru everything filed with the court, or better yet, hire an atty to go thru the file and advise you of your status.
Was there a retirement acct? Have an atty ck that all the property issues were resolved.

3. if he wishes a divorce, it can't be contested by you - the court will grant it. If he's been providing health insurance coverage, start looking for a replacement policy.
Good luck