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bdb808 · Dec 7, 2011, 07:56 AM

My girlfriend is in a ugly divorce. Her ex has decided to drag me into it. He has made accusations in court on record that I am a convicted felon and also have a history of substance abuse in the recent past and been in rehab for this. None of this is remotely true and has caused major trust issues in my relationship as if I might have been hiding things. Can I file suite against him?

JudyKayTee · Dec 7, 2011, 08:48 AM

Originally Posted by bdb808

My girlfriend is in a ugly divorce. Her ex has decided to drag me into it. He has made accusations in court on record that I am a convicted felon and also have a history of substance abuse in the recent past and been in rehab for this. None of this is remotely true and has caused major trust issues in my relationship as if I might have been hiding things. Can I file suite against him?

I'm a little confused - he's her ex or her current husband?

What is said in Court is protected by law. People lie on the stand all the time - it's unfortunate and unfair, but it happens. I've seen people attempt to sue BUT the "hook" is always that they are repeating what they heard or what they think or otherwise believe it's true.

I would think proving you're not a convicted felon and have never had a substance abuse problem would be easy to prove. If the word "recent" enters into things it's your girlfriend's version of "recent" vs that of her ex/husband. I may think recent is within the past 15 years. You may think it's within the past 15 minutes.

How would your history enter into her divorce, or is this about the child custody/visitation part of the divorce?

It matters little in this instance but what State?

bdb808 · Dec 7, 2011, 08:58 AM

The divorce was bifercated in Utah. So pertaining to child custody. Recent meaning in court docs it says " been to rehab 2 times in the last 2 years" as for charges if never even been charged let alone convicted. Also stating that I am un fit to be around the minor children. Though I am alsi a father

JudyKayTee · Dec 7, 2011, 09:02 AM

I would have her Attorney ask where the incorrect information came from. I would also have the Attorney ask VERY SPECIFICALLY why you are "unfit" to be around (presumably) her children.

It's time for your girlfriend's Attorney to develop some teeth.

Sue, no? Confront? You bet.

bdb808 · Dec 7, 2011, 09:02 AM

The divorce was bifercated in Utah. So pertaining to child custody. Recent meaning in court docs it says " been to rehab 2 times in the last 2 years" as for charges if never even been charged let alone convicted. Also stating that I am un fit to be around the minor children. Though I am also a father and ex husband. A very good one! My ex wide would testify to that. He claims to now have spent over a thousand dollars on a background check now know his accusations are false he's angry. Real winner to spend that money on a background check while over 60k behind in child support.

JudyKayTee · Dec 7, 2011, 09:05 AM

Agree - money to check into your background, no money to feed and clothe his kids.

If it comes to testimony, yes, you will need character witnesses and your "ex" would be a good one.

I run background checks - a thousand dollars isn't out of the ballpark DEPENDING on how thorough it was, if witnesses were interview, if neighbors were interviewed and so forth.

IF the investigator/background check came back with nothing and the "ex" still accused you, then the Attorney has something to work with.

bdb808 · Dec 7, 2011, 09:06 AM

I agree! Her attorney needs to get a set. But has let some very questionable things go througg on depositions

JudyKayTee · Dec 7, 2011, 09:13 AM

That may not be to your disadvantage. What has been said in depositions can and will be used to cross examine in other proceedings, including trial.

Let the "ex" swear to whatever crosses his mind at the moment. He's then bound to those statements at future appearances.

He may very well paint himself as a liar and/or hothead - your Attorney won't have to do it. The "ex" will do it to himself!

This Board is not the place for personal discussions BUT I have to say I admire your "style" - so many people post, are confrontational, don't want to explain themselves (which leaves "us" without a clue), get their backs up, argue. You express yourself clearly and very well. If YOU get called to testify you are going to do very well for yourself - and your girlfriend and her children. Again, I admire the way you handle yourself.