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lwpat, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 25387
Experience:  Practicing criminal defense attorney
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I am in a tough spot stuck in a bad marriage since may of

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I am in a tough spot stuck in a bad marriage since may of 2010 with a spouse with history of suicide attempts and false accusation of domestic violence. I was not aware of mental issues and past history before getting stuck in the situation. Now I can't even tell my wife not to spend the nights partying as if she was still single. In august of 2010 I confronted her thru text messages but she refused to come back home and then turned around and falsely accused me of assaulting her - she told lies to her family who then threatened to hurt me if I ever attacked her again. I stood firm and told her family that this was a blatant lie but they did not seem to believe me. I have a clean record and absolutely no history of violence at all. She never filed a police case as she had made all this up to leverage against me and came back home after 10 days. We have no kids and she pretty much continues to live her own life expecting me to pay all the bills. I am tired of being black mailed to live this life. I am afraid she will make up even a bigger lie to get me in trouble if she ever found out that I was even contemplating separation and divorce. I have thought about this everyday for past year or so hoping things will get better but I see no end to this and will file divorce soon.

Should I ensure she has no idea where I live so she cannot again falsely accuse me of assaulting her etc before I send divorce papers?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  lwpat replied 6 years ago.
Thank you for your question and for using JA. Please click accept so I will receive credit from JA for my time.

Now I can't even tell my wife not to spend the nights partying as if she was still single.

You need evidence of this, probably from a private investigator. Then move out of the house and file for a divorce on the grounds of adultery. Under these circumstances you should not have to pay any spousal support or maintenance. She will be entitled to half of the marital property, whatever that may consist of. You do need to move before she does have you arrested for criminal domestic violence. Then if she bothers you, get a restraining order.
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Customer: replied 6 years ago.
Thank you

At thi point my biggest concern is her filing a false claim of abuse.

Is it OK to move out without waiting to hire and pay for a private investigator to collect the evidence first