consent

Reading your wife's e-mails could land you in jail

Jan 03, 2011

By Matt Allen

Editor, DadsDivorce.com

Do you have a suspicion that your spouse is cheating or hiding money from you? Well, think twice before you go through her computer and e-mails because you could end up spending five years in jail as one Michigan man has learned.

Leon Walker is being charged with a felony after using his wife’s password to login to her e-mail account to discover an affair, according to the Detroit Free Press.

Criminal charges are rarely brought from conduct in a divorce action, other than domestic violence, but a zealous prosecutor is using a Michigan statute to go after Walker.

Ask a Divorce Lawyer: How do I handle my ex coming into my home without my consent?

Jan 11, 2010

Question: My ex-wife and mother-in-law were allowed into my house by our 12-year-old daughter while I was out of the house. Without my consent, furniture was moved from her room. How do you suggest I deal with this situation?

Ask a Lawyer: Finances and assets

Aug 06, 2009

Question:

I recently built a new home with my ex-wife to be and we currently owe $155,000.00 or less. The home was appraised for over $250,000.00 six months ago. All furniture and appliances are paid for and still in mint condition. My question is if I allow her to keep everything but my clothes and my vehicle(she has a vehicle also) after committing adultery will still likely be responsible for spousal support and the same amount of child support? Also we signed papers agreeing to 7 & 7 custody on my first week I was stopped by local authorities and my vehicle was searched and towed due to no proof of insurance. I was not charged with anything, however; she has supposedly had custody changed so that i only get supervised visitation. She and her mother are attempting to convince local authorities that I am a drug dealer and they (my previous in-laws) make over one million dollars a year so they are listened to. I am not worried about getting into any trouble because the are false accusations, but I am concerned about her changing custody agreement. I know she is working for her mother and I am sure that they will try to say she makes very little money. Any suggestions? I was trying not to fight about anything and just use one lawyer but I am getting the bad end of the deal. Is adultery worth me attempting to prove? Should I just accept I have no chance of coming out with my clothes?

Answer:

Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Louisiana. It sounds like you need to get a lawyer. Nothing should be changed in an agreed Order without your consent. Some states find adultery is grounds to get more property or to argue against spousal support.

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Ask a Lawyer: Whjat has to be done to switch custody of the kids?

Nov 29, 1999

Question:

I have a 17 year old daughter that I want to have the legal claim of custodial parent. My ex is willing to sign over this right. The state dept that we spoke with said we need to have an attorney to get this done. Can you tell me what needs to be done and suggest an attorney?

Answer:

If the matter is by consent you need to file a Motion to Modify (along with a proposed parenting plan, financial statements and a filing fee check) in the Court that entered the divorce or paternity judgment. The Motion needs to be served upon the mother or she needs to file a waiver of service. After thirty days following service/waiver you can submit a proposed judgment to the court. Some judges will allow you to file the judgment with an affidavit from both parties so no court appearance is necessary. If you are not allowed to submit by affidavit a short court appearance is required. It may also be necessary for both parents to complete a parent education class. Please feel free to contact Cordell and Cordell P.C. at 1-866-DADS-LAW for a consultation.

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Ask a Lawyer: Has my wife committed kidnapping?

Nov 29, 1999

Question:

My wife left state two days ago with our child with no notice. She's going to Chicago to live in a two-bedroom house with six people total living there. Is this legal?

Answer:

Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Washington. In general, a parent can not move a child out of state without the knowledge or consent of the other party. I suggest you contact an attorney as soon as possible. Good luck.

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