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LawTalk
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Category: Criminal Law
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Experience:  30 years legal experience
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This is similar to my first question, but asked in a different

Resolved Question:

This is similar to my first question, but asked in a different way.
We are residents of Oregon. We plan to be REMARRIED in August in California. We divorced in 2005. He was indicted for felony charges in 2009 and sentenced in 2012. He will be released in August. He owes restitution to the federal government. My question is this, based on the current information....will I be taking on his financial responsibilities to repay any of his debts if we REMARRY.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  LawTalk replied 1 year ago.
Good afternoon Rosemary,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

Criminal restitution is the legal responsibility only of the person ordered to pay that restitution. The income and assets of their spouse are not subject to being claimed as restitution, and you do not obligate yourself to your husband's debts that were incurred prior to your marriage to him---both the first and the second time.

Stated another way, by remarrying him, you will not be taking on his financial responsibilities to repay any of his debts.

You may reply back to me using the Continue the Conversation or Reply to Expert link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you when our communication is completed.

I wish you the best in 2013,

Doug
Customer: replied 1 year ago.
They think I divorced him to save my property. They wanted to charge me too, however, that was a ploy to get him to sign a plea bargain, which he had to be coached to do because he suffered from memory lapse due to multiple strokes. That was not the reason we divorced, but the prosecutor thinks it was. He said at the sentencing while looking at me directly, "she is getting off easy." That, of course, in my opinion was intimidation because the defense attorney was going to put me on the stand to tell my story of being a 24/7 caregiver, but he was told that the prosecutor was going to "lay into me", so the defense attorney decided not to call me. My former husband was not easy to live with. Today, he loves everybody, except those who prosecuted and sentenced him. He is elderly and feels very vulnerable. He really doesn't know why he is in prison, except what I have tried to explain to him. The judge accepted the plea, but it really was a better decision to plea because he could not defend himself because he couldn't remember the facts or issues involved. There was no defense because the defendant could not help the defense attorney. Having said all that, the prosecutor wanted to charge me with fraud. That is why I am so concerned about remarrying my former husband. He is just a very nice man now and doesn't remember the past. When I try to tell him about some of the problems, he just begins to tear up and says he doesn't want to be that person and feels terrible, so I have decided not to talk about the past and just go forward from here. We have children and grand children, and they all want us to be married again.
Expert:  LawTalk replied 1 year ago.
Rosemary,

Just keep all of your finances separate. Keep the house and cars in your name and you will be fine.

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

I wish you the best in your future,

Doug
LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 27889
Experience: 30 years legal experience
LawTalk and other Criminal Law Specialists are ready to help you
Expert:  LawTalk replied 1 year ago.
Thank you for your positive rating of my service, Rosemary. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise.

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:
http://www.justanswer.com/law/expert-lawtalk/

Thanks again.

Doug

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.
Customer: replied 1 year ago.
I will do so. Thank you for your prompt response. What is your area of expertise?
Expert:  LawTalk replied 1 year ago.
Hi Rosemary,

I have several areas of expertise. They include, but are not limited to Criminal Law, Employment Law, Family Law, Real Estate Law and Social Security Law.

Doug
Customer: replied 1 year ago.
With respect to ID for a marriage license. He does not have a passport, nor does he have a drivers license. He is 81,and we let it expire due to his inability to drive. Now, he does have a government issued ID card from the Veterans Administration, which is a photo ID. He served honorably in the US Army. He also has a DD-214 and an Honorable Discharge Certificate. A received a copy only from the US Government on the certificate. Will the VA photo ID be sufficient in California?
Expert:  LawTalk replied 1 year ago.
Hi Rosemary,

I see you got the answer in the other thread.Doug
Customer: replied 1 year ago.
Yes. Thank you.
Customer: replied 1 year ago.
I have a copy of his passport and a birth certificate. Would that work in calif. or can I request another passport for him as he is incarcerated until August.
Expert:  LawTalk replied 1 year ago.
Hi Rosemary,

Your answer is posted in the question thread that the Marriage license is discussed in.

Doug
Customer: replied 1 year ago.
I'm sorry, I can't find the "thread" you are referring to.
Expert:  LawTalk replied 1 year ago.
I think you found it: http://www.justanswer.com/criminal-law/7rmh4-name-xxxxx-xxxxx-mortgage-loan-quit-claimed-property.html?L=T&r=ems|2013-05-21|903|ln=topicsubject_ln

Have a great night!

Doug

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