after several years of marriage she found out that he had a CSC charge that he neglected to tell her about. After which... He gave her false information about the details of his crime. Leading her to believe that the case was not as serious as she recently found out after they had become separated. She was a widow when she met this man and owned her Home,property and vehicles free and clear. He owned nothing! Now He wants every thing he has accumulated durring there marriage and half the equity of her Home. Unfortunatly she lives in Michigan where it is a No Fault State. Also according to Michigan Rules of Evidence 609 She can't bring up his Felony Conviction in the divorce Hearings unless He brings it up. Which we know of coarse..He won't! Just before he left we found out that my Mother has been Diagnosed with a rare Liver Disease and is termanally ill. So my question is... Do you know of any Divorce cases Where an MRE 609 was Accepted by a Judge or is there a way to HELP my Mother?
2007-08-25 07:45:10 · 5 answers · asked by rocky 1 in Family & Relationships ➔ Marriage & Divorce
Dont know who filed but she needed to file for divorce under fraud and then the Judge would have asked for details which opens the flood gates. But now that it is under way,the only thing she can do is just to bring it up and let the Judge either accept or refuse it and go from there.She wont get into trouble for trying at least. Good luck
2007-08-25 08:36:45 · answer #1 · answered by Arthur W 7 · 0⤊ 0⤋
At this point, your mother just need out of this poison relationship. It might be better to just let him take half so she can relax and enjoy her remaining time. Any long nasty divorce proceedings would just drain her. Divorce law is seriously stupid. The courts got tired of "he said/she said" types of cases, so they just slapped a standard on everything. But like I said, your Mother's health and happines are more important at this point than anything else. I'm sure there's some way you can bring up his past without being specific. Just mention that he lied about his past, and when it was discovered, lied about it again. You don't have to say what he lied about, but at least then it's clear that he was dishonest. As for the house, if your Mother owned it prior to the marriage, then he has very little claim to it.
Good luck.
2007-08-25 14:54:36 · answer #2 · answered by rohak1212 7 · 1⤊ 0⤋
He doesn't get any of her equity unless...
they refinanced the house and now he is on the loan too.
If your mother doesn't have a lot of time left in life, then getting half the money is probably the least of her concerns.
Just get him to move out so that she can enjoy her time left without him hanging around, and get a good lawyer, but you might consider having your mother give your power of attorney at times so that you can handle some of the divorce issues without having her sick AND miserable her last days.
2007-08-25 15:00:16 · answer #3 · answered by Anonymous · 0⤊ 0⤋
That's why we have attorneys. He is not entitled to anything that was your mother's before the marriage. So who's working and paying the bills. How will they live without each other's support. That's the reason we should all do background checks of these people who are too good to be true.
2007-08-25 14:57:02 · answer #4 · answered by Darby 7 · 0⤊ 0⤋
Tragic sisution, I hope she gets a better, wiser lawyer then he does, I don't know any other out for her, Best of luck, Blessings
2007-08-25 14:53:34 · answer #5 · answered by jenny 7 · 0⤊ 0⤋