Help please!!!

[samia]

What is the name of your state (only U.S. law)? Florida

Hello, me and my husband have been separated for 2 weeks. After I left the house, I opened credit cards under his name. He figured that out today and reported it to the sheriff office. I was contacted by a sheriff and he investigated with me. Since I was so scared, I denied everything. My husband now is threatening me of sending me to jail even though I have not charged any of the credit cards. He said that if I ask for half of the marital assets, he will press charges and send me to jail. Please advice me. I do not know what to do.

 

[racer72]

What is the name of your state (only U.S. law)? Florida

Hello, me and my husband have been separated for 2 weeks. After I left the house, I opened credit cards under his name. He figured that out today and reported it to the sheriff office. I was contacted by a sheriff and he investigated with me. Since I was so scared, I denied everything. My husband now is threatening me of sending me to jail even though I have not charged any of the credit cards. He said that if I ask for half of the marital assets, he will press charges and send me to jail. Please advice me. I do not know what to do.

Tell him that's blackmail and he can go to jail for that. It is highly unlikely you would go to jail for what you did and it should have no bearing on the division of marital assets. You should see an attorney asap.

 

[Proserpina]

I agree an attorney is essential.

But I'm also seeing the court being less than friendly to OP once they find out about the identity theft. It doesn't matter whether she used the cards - she'd already committed the initial crime.

 

[LdiJ]

I agree an attorney is essential.

But I'm also seeing the court being less than friendly to OP once they find out about the identity theft. It doesn't matter whether she used the cards - she'd already committed the initial crime.

It does matter to some extent whether or not she used the cards. However, that does not mean that the court would take away her fair share of the marital assets. Had she used the cards, yes, the court would very likely hold her responsible for any amount that she spent. However it is not the business of the divorce courts to hand out punishments for criminal issues.

 

[Proserpina]

It does matter to some extent whether or not she used the cards. However, that does not mean that the court would take away her fair share of the marital assets. Had she used the cards, yes, the court would very likely hold her responsible for any amount that she spent. However it is not the business of the divorce courts to hand out punishments for criminal issues.

Read the statute.

http://archive.flsenate.gov/Statutes/Index.cfm?App_mode=Display_Statute&Search_String=&URL=0800-0899%2f0817%2fSections%2f0817.568.html


The punishment varies - but then I didn't say it wouldn't. Truth is, possession with intent is the crime - and she's really not going to say "Oh well I got a credit card in his name and I was going to spend it at Sephora but didn't get chance" and the statute supports that.

 

[LdiJ]

Read the statute.

http://archive.flsenate.gov/Statutes/Index.cfm?App_mode=Display_Statute&Search_String=&URL=0800-0899%2f0817%2fSections%2f0817.568.html


The punishment varies - but then I didn't say it wouldn't. Truth is, possession with intent is the crime - and she's really not going to say "Oh well I got a credit card in his name and I was going to spend it at Sephora but didn't get chance" and the statute supports that.

I agree with the criminal issues...I am disagreeing that its going to impact a property settlement in a divorce.

 

[Proserpina]

I agree with the criminal issues...I am disagreeing that its going to impact a property settlement in a divorce.

Oh I think they might.

But the basic premise, I think we're all in agreement, aren't we?

 

[Ladyback1]

What is the name of your state (only U.S. law)? Florida

Hello, me and my husband have been separated for 2 weeks. After I left the house, I opened credit cards under his name. He figured that out today and reported it to the sheriff office. I was contacted by a sheriff and he investigated with me. Since I was so scared, I denied everything. My husband now is threatening me of sending me to jail even though I have not charged any of the credit cards. He said that if I ask for half of the marital assets, he will press charges and send me to jail. Please advice me. I do not know what to do.

hmmmmm....I didn't even think of doing that to my Ex.

 

[Proserpina]

Actually what I'm finding is that conduct can indeed impact property settlements in FL.

This does raise an interesting question though. Family court as you know is quite different from criminal court. OP did basically commit identify theft - but the question is this: if she's found guilty, will family court look at the conviction at face value, or will they look further and decide that OP has attempted to obtain marital funds to which she is not entitled?

 

[lyonsmatt]

Credit Repair companies

What is the name of your state (only U.S. law)? Florida

Hello, me and my husband have been separated for 2 weeks. After I left the house, I opened credit cards under his name. He figured that out today and reported it to the sheriff office. I was contacted by a sheriff and he investigated with me. Since I was so scared, I denied everything. My husband now is threatening me of sending me to jail even though I have not charged any of the credit cards. He said that if I ask for half of the marital assets, he will press charges and send me to jail. Please advice me. I do not know what to do.

I m new one in this forun, but i suggest u that u have to contact to credit card companies