Question

[chamberlain1970]

I have a good friend who asked her husband of ten years for a divorce. He does not want to have a divorce because he does not except he treated her cruel. She signed his name to one of those credit card checks that become a loan over two years ago. He found out or new about it and the money was spent by him and her to pay off other bills and purchase some things for the home. He said if she left him he would file fraud/forgery charges against her and tell the court he just found out about the loan. The monthly bill on the loan has been payed over the last two years from a joint checking account. Can he do this? Could she go to jail? Would this affect her receiving custody of the two kids? I have asked her to see a lawyer but she is scared to because of all this.

Thank you for any assistance you may have.

The state is Virginia

 

[I AM ALWAYS LIABLE]

I have a good friend who asked her husband of ten years for a divorce. He does not want to have a divorce because he does not except he treated her cruel. She signed his name to one of those credit card checks that become a loan over two years ago. He found out or new about it and the money was spent by him and her to pay off other bills and purchase some things for the home. He said if she left him he would file fraud/forgery charges against her and tell the court he just found out about the loan. The monthly bill on the loan has been payed over the last two years from a joint checking account. Can he do this? Could she go to jail? Would this affect her receiving custody of the two kids? I have asked her to see a lawyer but she is scared to because of all this.

Thank you for any assistance you may have.

The state is Virginia

My response:

No, she can't go to jail. If, after 2 years, both of them were paying on the loan through a joint checking account, then he knew where his and her money was going, and he has impliedly or expressly (if he made any of the check payments on the debt) accepted the loan, and has thereby forgiven her transgressions. He is merely trying to bamboozle her into staying.

She can get a divorce anytime she wants, and with or without his "permission."

IAAL

 

[chamberlain1970]

Thank You

Thank you very much for your reply. I will pass this on to her and hopefully she will go see a family law attorney. I had assumed he was just jerking her chain. She is a good person president of the PTA at her kids school, Girl Scout troop leader, etc. who made a stuppid mistake. Thanks again...