More details to this question:
My son and his wife were married here in Iowa. Here's where it becomes complicated. My son three years ago applied for a credit card in his now wife's name and somehow got it up to 5000$ She find out about it and told him you better call your mom. I paid it off nothing more was said. A year and a half go by they got married. Now another year and a half later she has another man and wants a divorce. Can she have my son prosecuted for this card incident? And is he able to get half of all they have accumulated over the 6 years they have lived together?
1 ANSWER
I am not a criminal attorney, but I assume she could report him to the police regarding the credit card and it would be up to them and the county attorney whether to charge him or not. I would assume in that it was 3 years ago and it was paid off, that they would decline to press charges.
It might be relevant in the divorce case, but unless there is other, similar conduct by him, I do not think it would be a significant factor in the divorce.
Property is divided "equitably" in a divorce. The growth of thier assets during the marriage would be devided. So, the starting point is when they got married, not when they began living together. I would need to know more information regarding the pre-marital assets to be able to fully advise regarding what a judge might do.
Donna Miller
515-245-4300
https://www.grefesidney.com/our-team/donna-miller/
Answered on Jun 18th, 2018 at 5:48 AM