Legal Question in Family Law in New Jersey
diary document
I have documented specific situations in my diary where my wife has taken out monies from the 401K plan without my knowledge ($11,900 - I have incurred a heavy tax liability due to this occuring), and have taken out an accidental death life insurance for $500,000 ( double indemity $1,000,000), and have used phrases like ''I am suspicious that my wife may be running up credit cards, or I'm suspicious that my wife is not paying back on loans she took out''. I even helped her by paying her first loan repayment and at sometime she stopped repaying the loan.
My wife has gotten hold of my diary and I'm sure she has read these documented items. My quesiton is even though she now knows I have knowledge of these situations, can I use these situations to show that she was dishonest and or untrustworthly. And can I use this at the time of the divorce settlement.
3 Answers from Attorneys
Re: diary document
Use in what way? What is the relevance of her dishonesty? You may be able to use it as a "ground for divorce". However, the divorce grounds do not determine equitable distribution or any other matrimonial issue. Bottom line is that you need to seek the assistance of an attorney and come up with a game plan for your divorce and the rest of your life. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. Mention Law Guru and your first consultation is free. Good luck! Rob Gleaner
Re: diary document
You be able to use these statements against her in the course of a pendente lite motion or during the ultimate trial. However, I need to learn many more facts about your case.
As it would be my pleasure to speak to you regarding your potential divorce, please feel free to contact my office at 732 246 0909 to discuss same.
Very truly yours,
Edward R. Weinstein
Re: diary document
The real issue appears to be one of money -- money she's taken or debt she might be incurring. Have you already filed for divorce? If you have an attorney, you should raise it with him or her. If you do not have counsel and you wish to discuss your situation please feel free to call me.
Drew M. Hurley, Esq.
(908) 429-1118
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