QUESTION
If I was married never officially separated, she left the state, can't find her to serve papers & I just won the lottery, is she entitled to the mone
Asked on Apr 25th, 2014 on Divorce - California
7 ANSWERS
In California, you may be legally separated even if there was no formal paperwork filed, provided you meet the necessary criteria, in which case, the community estate would have ended, and you would then not be required to split the lottery money. If, however, you are not legally separated, than she would be entitled to half potentially.
Answered on Apr 28th, 2014 at 1:24 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I am certain that she could make a claim for your lottery winnings in the event that she became aware of them in a divorce proceeding. On the other hand, under the circumstances which you have described I am not certain she could prevail in court. Get a good attorney and divorce her.
Answered on Apr 28th, 2014 at 10:36 AM
She is probably not entitled to anything but since you're still married it's at least theoretically possible she could try to make a claim. Remember just because you can't find her doesn't mean she can't find you. If you don't know where to serve her there are ways to serve by publication. You should look into that.
Answered on Apr 28th, 2014 at 10:36 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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She would be entitled to something, only Judge can say how much.
Answered on Apr 28th, 2014 at 10:35 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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In Idaho, half.
Answered on Apr 28th, 2014 at 10:35 AM
Arbitration Attorney serving Irvine, CA
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Law Office of Linda K. Frieder
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No, the other person is not entitled to your winnings. It is separate property.
Answered on Apr 28th, 2014 at 10:35 AM
No. Not if you two were separated when you won it You can get divorced even if you don't know where she is. Talk to a lawyer our paralegal for help.
Answered on Apr 28th, 2014 at 10:34 AM