Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Family Law (https://www.askmehelpdesk.com/forumdisplay.php?f=120)
-   -   What are my options? (https://www.askmehelpdesk.com/showthread.php?t=432181)

  • Jan 6, 2010, 11:39 AM
    edm786
    What are my options?
    If my ex-wife in her suit for dissolution of marriage accused me that I physically assaulted her (which I did not) also there is no police record and there is no docotr's record to backup her claim, she only made up a story for this.

    Also she accused me that I committed adultry (which I did not).

    What should I do to fight these false accusation back?

    Should I sue her back?
    What kind of suit should I file?

    Thanks
  • Jan 6, 2010, 11:42 AM
    Justwantfair

    You should retain an attorney, you do not 'file a suit' back as all she has really done is ask the court to grant her a divorce from you.

    Are there children involved? You can request that the Dissolution be filed under irreconciliable differences rather than labeling.

    You will need to retain an attorney.
  • Jan 6, 2010, 11:57 AM
    edm786

    Thanks for your prompt response, what if the divorce has already taken place in the third country which is/was the birth place of both parties and both parties still holds the nationality of that country other than where she has filed this suit and, she is trying to hide it under the said suit for dissolution of marriage.

    What do I do now?
  • Jan 6, 2010, 04:25 PM
    AK lawyer
    Quote:

    Originally Posted by edm786 View Post
    Thanks for your prompt response, what if the divorce has already taken place in the third country which is/was the birth place of both parties and both parties still holds the nationality of that country other than where she has filed this suit and, she is trying to hide it under the said suit for dissolution of marriage.

    What do I do now?

    It appears that her suit should be dismissed because it has already been litigated, although in another country.

    Bottom line here is the question of what she is seeking to get: Is she asking for alimony, child support, child custody, or property?
  • Jan 7, 2010, 10:02 AM
    edm786

    She is after the property and alimony which she can't get according the land laws of the country where we were married and divorced. But she filed the false suit for dissolution of marriage and she is refusing the there was any divorced has happened. Also in her statement/affidavit she has leveled these serious charges besides others like I forged her signatures and immigration documents, which I did not. My case is still going on. Can I file a counter suit against her for these false and baseless allegations? So that she can go on defensive as well and feel the pain?

    Thanks,
  • Jan 7, 2010, 10:28 AM
    stinawords

    What you need to do is bring in a copy of your divorce record from whatever country granted it. The case should end up getting dismissed just based on that. You might also want to look into getting a lawyer, especially if she has one. But it really dosen't sound like you want it to be done and over with your name cleared you want to continue on fighting with her by filling another law suit against her. All you can really sue for at this point would be your legal fees (which you don't have unless you retain a lawyer) and maybe pay for work you missed by having to attend court.
  • Jan 7, 2010, 10:53 AM
    edm786

    But the country we were divorced doesn't need to have court proceedings for divorce, all I did, I sent my divorce notice/divorce deed to my wife who was also in same country at that time and then I submitted the copy of the same divorce deed with the local authorities and they issued my divorce certificate, and this was according the laws of this country. Will that be accepted ? Or do I need to ask the court in the same country where the divorce took place to issue some kind of validity for that certificate?
  • Jan 7, 2010, 10:17 PM
    stinawords

    Your divorce certificate should be enough, provided that it is an official document. If it doesn't fly with the judge then he/she will tell you what you need for better proof.

  • All times are GMT -7. The time now is 10:47 PM.