How do you enter in criminal charges into a divorce?

Question

My soon to be ex wife is comiting a couple of crimes here in the state of Florida, one is (silly enough) Adultery Cohabitation, the other (more seriously) Interfearance with Custody by not letting me see my son she is guilty of this crime. How do I put this into the divorce? Also because it was her lawyer who suggested that she not let me see my son can I sue him for this?

Answer 1

Whether you have a lawyer or not (and if you don't, you should), get copies of all the police reports, arrest records, anything and everything pertaining to the criminal history (which you WILL have to pay for; call the county or counties involved and ask them what the copies will cost, it's usually like $1 a page, and you are entitled to this information because it is public record), and, when the divorce papers are filed, simply attach all the copies at that time (keep copies for yourself) as supporting documentation to your claims. Been there, done that - and there can never be too much paper in this kind of thing.

So far as going after her lawyer legally - forget it. My ex's lawyer was (and remains) a real scumbag, unethical and arrogant, and aided my ex in outright lying under oath on several issues. The best you can do is to bring your concerns to the judge's attention (while you are in court), but, be forewarned that mostly everything you accuse the lawyer of will be overruled as "heresay". Judges don't want to get into any "he said - she said" junk. Unless you have some kind of hard, cold proof (like a copy of a memo or letter the lawyer sent to your wife, advising her to do something illegal), the judge will make it clear that you are wasting their time, and will move on. What you CAN do is, after the divorce is granted, you can file a complaint against the lawyer with the State Bar Association - but this is usually just a formality, and nothing of substance will come of it, especially if yours is the only complaint ever lodged against that lawyer.

Judges only want to see PROOF. If you can't provide it, don't expect the judge to get all excited about your allegations. They won't. Even if the stuff you are alleging is horrible, and true, unless you can prove it, you are S.O.L.

Make sure that you do not leave that courtroom without paperwork allowing ongoing liberal visitation. This is not something you want to try to go back in and fix at a later date. If your ex gets in the way of any regularly scheduled visits, CALL THE POLICE. You can go back into court and practically guarentee that your ex will be found in contempt of court - IF you have been able to document it, and a police report is the only way of doing that.

Answer 2

I am guessing here that there is not a divorce yet but filed but no court appearance yet. So neither has a legal document stating custody and such but mom has custody til court date. The charges you speak of are rarely seen anymore and no one is charged with nowadays. Living together is so common today its no big deal and the other without a court order defining custody and visitation you really have no interference with custody. All she is doing is just not letting you see your son before the court date at the suggestion of her atty so there nothing here either thats illegal. You can let the divorce judge know about this but they expext this stuff in divorces anyway but this should let you know what to expect from her in divorce court. Sorry wish I had a better answer for you, but anyway good luck

Answer 3

That is a question that would need a lot more detail to get an answer.

If your wife is not letting you see your son their is obviously a reason. If she is doing it because of something you did, then i dont blame her if she is doing it just to keep you from seeing him because of this other man I would press charges against her for both crimes. Also if you are so worried about this, her shacking up with another man in front of your child while ya'll are still married then I would go for full custody of the child and have in the provisions that there will be no overnight visits with the opposite sex during her visitation while the child is present unless otherwise married.

Answer 4

Is there court ordered visitation? You would most likely have to get her back into court for contempt. If there is not a temporary order before the divorce is finalised you need to get one! Nobody should have the right to keep you from your child. File a police report every time she refuses to let you see him and document everything...all conversations.. that is the key to winning in court document...document ...document. Good Luck!

Answer 5

Criminal Record Search Database : http://SearchVerifyInfos.com/Help

Answer 6

Its tough to sue a lawyer, but hey, yours is the one who can have a criminal history admitted into court records. If she is trying to get sole custody, your lawyer can show just cause for the court no to rule in her favor.

Answer 7

You can not sue her attorney.He was hired to represent her and is making recommendation's on her behave.You need to talk to your attorney about entering your wife's criminal record into court.If she was ordered to let you see your son.You need to address this matter with the judge in the case.Let your attorney bring this up also.Good Luck.

Answer 8

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