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New Member
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Feb 21, 2006, 02:01 PM
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Does anyone know the consequences if...
My husband left me a few months ago and we are now in the midst of a divorce. It was his choice because he has a girlfriend. I have a way of proving in court that my husband smoked marijuana when we were married.
Does anyone know what could happen to him if I can prove this in court?
Thanks!
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Uber Member
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Feb 21, 2006, 02:17 PM
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Do you have any kids? It would affect his request for custody. If no kids then it just comes off as standard bitter divorce material and inconsequential other than forcing his hand to dig up all the nasty habits you may have.
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New Member
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Feb 21, 2006, 02:24 PM
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Thank you for the feedback!
We do not have children, thankfully. I am surprised that there are no reprucutions seeing that it is illegal.
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New Member
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Feb 21, 2006, 07:15 PM
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Originally Posted by NeedKarma
If no kids then it just comes off as standard bitter divorce material and inconsequential other than forcing his hand to dig up all the nasty habits you may have.
I agree here... unless kids are involved where custody might be an issue, I think others might just say, "so what... he smoked pot..." big deal... Didn't the former president smoke pot too... ( oh ya... but he didn't inhale...) :rolleyes:
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Expert
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Feb 21, 2006, 08:10 PM
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No it has little bearing in a divorce unless there is a child custody issue.
Most states don't care what or why one party is doing or not doing.
Property settlements wlll deal more with either state law on division or who bought what and things like that.
I am not sure what you were wanting to gaim by proving it ?
But no, you need to look at property division if there is any.
If there is no property to speak of, you both can just use the same attorney, get a divorce written up , and most likely you won't even have to appear in court. ( also if you agree on property division you can use the same attorney.
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Ultra Member
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Feb 21, 2006, 09:47 PM
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Originally Posted by catsareniice1
Thank you for the feedback!
We do not have children, thankfully. I am surprised that there are no reprucutions seeing that it is illegal.
To prosecute for him, they have to be assured beyond all reasonable doubt that he did in fact smoked pot. And from what evidence do you have, a video? And most courts don’t prosecute pot smokers from years back.
It’s like saying, you littered 2 years ago. Am I now going to charge you with littering? No. The courts are so overwhelmed as it is, they aren’t looking to add old, minor charges to it.
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Ultra Member
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Feb 22, 2006, 05:49 AM
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Hi,
All your answers so far are very good.
You do need a lawyer, to draw up Separation Papers and/or Divorce Papers.
No children eliminates the need to try "proving" anything, which would probably end up with nothing being done about it.
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Uber Member
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Feb 22, 2006, 07:00 AM
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And besides if you do have proof, you may incriminate yourself, one for being party to and having knowledge of, and allowing this to continue without your reporting at the time of the alleged crime.
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New Member
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Feb 22, 2006, 08:01 AM
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Incriminating myself did cross my mind. He is a school teacher and drives around with marijuana cigarettes in his car. It is true that I did not report this when we were together out of fear.
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Uber Member
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Feb 22, 2006, 08:05 AM
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Let it go. Try to have civilized, non-mudslingging divorce and move on. Better for both of you.
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New Member
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Feb 22, 2006, 08:09 AM
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I would normally let it go as I am a very civilized person. Because of me he has a teaching degree. He left me with a new business so I am not making an income right now and I work 6 full days a week. He told me if I go after him for alimony then he will go after my inventory and property equity. I do not want alimony for spiteful reasons. I just need it for survival.
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Uber Member
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Feb 22, 2006, 08:13 AM
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Lay out those facts (with your lawyer's help in preparing it) before the judge and he/she will make a decision.
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New Member
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Feb 22, 2006, 08:15 AM
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Thanks a bunch!
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Uber Member
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Feb 22, 2006, 08:25 AM
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Good luck!
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New Member
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Feb 23, 2006, 01:41 PM
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Sounds Spitefull Did Marijuana Dissrupt His Ability To Be A Father Did It Take Away From The Kids .do You Drink Cause Alcohol Destroys People And Family Structures Consider This In Your Decision To Bring It Up In Court
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Ultra Member
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Feb 23, 2006, 01:42 PM
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Originally Posted by offtharip
Sounds Spitefull Did Marijuana Dissrupt His Ability To Be A Father Did It Take Away From The Kids .do You Drink Cause Alcohol Destroys People And Family Structures Consider This In Your Decision To Bring It Up In Court
They don't have any children.
Originally Posted by catsareniice1
We do not have children, thankfully. I am surprised that there are no reprucutions seeing that it is illegal.
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New Member
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Feb 23, 2006, 01:44 PM
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No, we do not have any children but he is a school teacher.
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Ultra Member
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Feb 23, 2006, 01:52 PM
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Originally Posted by catsareniice1
I do not want alimony for spiteful reasons. I just need it for survival.
He might lose his job if you bring this information to their attention.
But if he's out of work, then that would be worse for you as you wouldn't get any alimony if he doesn't have a job.
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New Member
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Feb 23, 2006, 02:34 PM
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Do you have to have a previous criminal record to be fingerprinted?
Thank you.
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Ultra Member
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Feb 23, 2006, 02:36 PM
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That question seems to have come out of left field.
NO. When police arrest/charge you, they fingerprint you. Your past criminal behaviour, or lack of, has no determination.
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