Divorce Question

[aha]

I just a simple question to a not so simple issue

 

 

I've been separated from my current wife since May. In the time from May to July 30, we were on friendly terms. On july 31, she decides to take out alot of cash out MY bank account. I know, I should have closed it.. Lesson learned. Anyway, I naturally got upset. Well, she wouldnt repsond to my phone calls and text pages. So I was furious. I sent one email to her mother, stap mother and two to her.. Well, she filed a restraining order against me two days later for harassment.

 

Anyay, today we were in court and she asked the judge for $1,000 for mental distress from the emails... Give me a break

 

The judge sugested she take it up in Divorce court. I filed for divorce this week.

 

My question is, can she claim some kind of distress or pain and suffering through the divorce courts?

 

Oh, we were only married for 7 months

[tgt]

She can claim whatever she wants - but your finanances are legally separate as of the date of separation filed on the divorce. So if you specified May - she would potentially owe you that money back. The caveat is that they may ask you to pay something for support back to May if you are the sole breadwinner so it may be a wash.

[just M.E.]

Do you have a decent lawyer, a necessary evil in most divorces.

I thought most states were now "no fault", unless there is real abuse, phyically or emotionally, I don't think the courts care about our drama, but I may be wrong.

[aha]

I'm in California, which is a no fault state. No, I don't have a laywer yet. I'll have to ask a lawyer about that date of separation.

 

Thanks

[crossflow]

I would say it is too grey to call. She would have to prove the stress was caused specifically by the emails, and as long as your emails were not threatening harm to her a good lawyer would argue that the stress was already there due to the seperation and impending end of the marriage.

 

If the judge at the restraining order hearing believed there was anything to answer to he would have addressed it there and then, by suggesting she address it in the divorce court was simply a case of him not wanting to have to deal with it.

 

It's technically not a divorce court issue and even if it was you could counter claim damages for stress caused by her taking the money from you without asking first.

 

Sounds like she's just giving you a hard time because she can, I wouldn't indulge her myself just mention it to your lawyer that it may come up in the divorce proceedings but don't act on it at this stage as it will only cost you money for your lawyer to respond