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Divorce Advice for Men | Fathers Rights Divorce | Child Custody

Providing men with essential divorce advice, fathers rights divorce information and child custody articles. Dads Divorce is a community for men facing divorce or fathers rights issues and run by Cordell and Cordell. Cordell & Cordell is a family law firm with a focus on men's divorce, child custody and fathers rights divorce.
Tags >> misconduct
Nov 20, 2010

Divorce attorney Jason BowmanQuestion:

I have recently discovered a lot of financial mismanagement and misconduct on the part of my wife that I was unaware of during our marriage.

Now that we are getting a divorce, will she still be entitled to a portion of my 401k even if she was the one mismanaging our finances?

 


Sep 15, 2010

Attorney Brad CunninghamQuestion:

I have to pay a huge lump sum alimony. I am currently in contempt and threatened every day.

My ex-wife recently forged my name to an insurance check and loan modification paperwork in which one of her friends notarized. She is determined to ruin me.

Is there hope of relief from the courts based on her actions?


Sep 01, 2010

Divorce Attorney Angela FoyQuestion:

I am going through a divorce. She took all the money and savings before she filed for divorce and after I confronted her about an affair she is having. Now I have found out she has been hacking into my computer and cell phone records. Can I use any of this marital misconduct against her in court? Will this help me?

 


Nov 29, 1999

Question:

My brother is going through a divorce. His wife is bound and determined to take him to court and put on a show with a parade of "witnesses" to publicly humiliate him with claims of an affair. She is actually exacting a type of extortion on my parents and my brother to get him to agree to take all the bills and sell his horses and personal property to give her more money OR ELSE she will take him to court where he will surely lose and be punished by having to pay everything! It's hard to stand up to something when you don't really know how things work in our court system. I understand that affairs or claims of affairs can not adversely affect custody unless it can be shown that it interferes with the ability to parent. But, his soon-to-be-ex-wife wants to saddle him with all the debts and lawyers' fees as a just punishment. And believe me, she could put on quite a show... I think she is a professional victim! She makes more money than he does, and neither one of them makes more than 45,000. Do you have any words of wisdom?

Answer:

I cannot answer your question specifically to the laws of Texas as I am not licensed in that State. In some jurisdictions, misconduct does not affect any aspect of the divorce. In my jurisdiction, the Court can consider the misconduct of a party when dividing the property and debt. Not all affairs are misconduct. The affair (or other misdeed such as excessive drug use, alcoholism, abuse, etc.) must be shown to have contributed directly to the breakdown of the marriage. Therefore, if a relationship begins after the parties have filed for divorce, it is an affair (as they are still married) but not misconduct. If misconduct is shown, the successful party will get a higher percentage of the net assets. For example, instead of a fifty-fifty split it will be sixty-forty or seventy-thirty.

Nov 29, 1999

Question:

My wife is disabled and refuses to go to work. She is taking some college courses just to have something to do. Her parents pay ALL her household bills, have given her a house and a car; her parents pay her car insurance as well. Her parents also own a grocery store and provide her with all food and necessities to clean the house. If there is a problem in the home her parents pay for all repairs. We have been seperated for 6 months and she rarely lets me speak to our daughter even though I call every single night. She has called my work and told lies about my having an affair and not sending her any money. I have the written signed statements from the people she spoke to about this and she called back the same day admitting that what she said earlier was a lie. She has been harrassing my friends and co-workers with phone calls. Her phone bill, if subpeonaed will verify this. She went to the casino in January and won almost $500. When she told me about it she immediately asked me to send her $100 because she didn't have any money. I have proof from Wells Fargo Bank and Discover card that she took out a credit card in her name but gave them my checking account number to have the payments made by me. She was never and has never been granted access to this checking account. I have the written proof from Discover that she did this. All told $322.23 was deducted from my checking account between December 1 and January 15. I have bank statements to attest to this. Luckily, my bank refunded all the money back to my account. Based on this info what are the chances of my getting primary or sole custody of my daughter?

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. I am sorry but it is diffuclt to determine whether or not you will get custody from your question. Usually custody is determined by what is the best interests of the child. You have stated very little here about her parenting skills, her ability to care for your child, her actual disability. All of these are very important to any determination of custody. Do you think she is unable to care for her or do you think she is unfit? If she is unfit you need concrete documentation of the issues. Also why are you not going to see your daughter? This would greatly increase your chances for custody.

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