Can my name be removed from a personal injury lawsuit involving my husband?

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Can my name be removed from a personal injury lawsuit involving my husband?

Since we are divorced now, am I entitled to any of the settlement?

Asked on August 6, 2014 under Personal Injury, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

1) If you and your ex-husband were the plaintiffs, then you can remove yourself from the lawsuit by dismissing your own claim. Typically, this just requires a stipulation signed by you, but check with the judge's chambers (or the court more generally, if no judge is yet assigned) to see how they want this done.

2) You would only be entitled, if you withdraw, to any portion of the settlment that your divorce decree or order states you would get; there is no inherent right for a divorced spouse to share in a settlement.


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