Summary
If you are incarcerated and suspect your spouse of misappropriating settlement funds or engaging in marital misconduct, you may have legal options. Misappropriation can include using marital assets for personal benefit, spending on extramarital affairs, or hiding assets. You may need to go to court to prove these claims, and if successful, your spouse may be required to repay the misappropriated funds. If you cannot locate your spouse, South Carolina allows service by publication. Consult a lawyer for specific advice based on your circumstances.Full Conversation
I need help knowing if there is anything I can do about being incarcerated and married. my wife received my settlement money from a deadly accident I almost died in and she ghosted me behind the wall. Not only that I was unaware that she had moved on and pursued multiple relationships while I have been here.
I'm sorry to hear about your situation, ****. You may consider:
- Filing for divorce if you're not interested in continuing the marriage.
- Discussing the settlement issue with a lawyer. Misappropriation of funds might be considered marital misconduct.
Please note, this advice is general in nature and specific outcomes will depend on your circumstances.
can I pursue criminal charges with her knowing that the lawyer who handle the settlement made it clear that she was to take care of me with the money as I am mentally ill and incarcerated?
You may pursue criminal charges if you believe your wife committed theft or fraud. However, proving this can be challenging. It's advisable to consult with a lawyer to understand your options better. Remember, this advice is general and specific outcomes depend on your circumstances.
so tell me more about misappropriation of funds as marital misconduct?
Misappropriation of funds as marital misconduct in South Carolina can include:
- One spouse using marital assets for their personal benefit or non-marital purpose.
- Spending on extramarital affairs.
- Hiding, wasting, or depleting marital assets intentionally.
Remember, this is general advice and specific outcomes depend on your circumstances.
so would I have to go to court and would she have to pay it back?
Yes, typically you would have to go to court to prove misappropriation of funds as marital misconduct. If found guilty, she may be required to pay it back. However, actual outcomes can vary based on circumstances and legal advice should be sought.
what if I can no longer find her? she disappeared?
If you can't locate your wife, you may still proceed with legal actions. South Carolina allows service by publication, where you advertise your intent in a local newspaper if the defendant can't be found. You should seek legal assistance for these proceedings.
Thank you!
You're welcome, ****! If you have any more questions in the future, don't hesitate to ask. Good luck with everything!
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