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Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12620
Experience:  Attorney experienced in all aspects of family law
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My husband and I have been married for six years and lived

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My husband and I have been married for six years and lived together for a year prior to marriage. During the marriage he has not ever worked regular leaving me to pay the bills. I have moved out and filed for divorce, he is an acholic. I opened two credit cards during the marriage in his name and used them for household bill, groceries etc. Now that we are divorcing he is acting like he knew nothing about them and he did, he is going to press charges aganst me. What will happen to me? I agreed to pay the two credit cards off

Brandon M. :

Hello there.

Customer: I don't see an answer to my question
Brandon M. :

Thank you for your question. I need some additional information before I can provide an answer.

Brandon M. :

What is it about your situation that leads you to believe that he has any foundation for bringing a criminal action against you?

Brandon M. :

Have you committed any sort of fraud or forged his name to acquired the credit cards? Anything like that?

Customer: Because I opened the credit cards in his name and he said he is going to have me arrested
Brandon M. :

Did you forge his name to do this?

Customer: Yes I did it originally without his knowledge but he didn't threaten me until we started divorce provess
Brandon M. :

How long ago did that occur?

Brandon M. :

I mean, how long ago did you take out the credit cards in his name without his knowledge?

Customer: Six years ago
Brandon M. :

Have you lived in Tennessee the entire time?

Customer: Yes sir
Brandon M. :

Thank you, XXXXX XXXXX please.

Brandon M. :

I have a few thoughts. The question is how the courts will treat a six year old credit card forgery where the card is taken out by the named party's spouse. I will start by saying that, because the nuances of every case are different, you should not rely on this information as advice or apply it to a specific situation without a more thorough consultation with counsel.

That said, the first thing to realize is that this is not the type of case that law enforcement will usually get involved with. The spouse who committed the illegal act does not have to answer any questions by police, and since the benefit of the card was received within the same household, law enforcement generally prefers to treat the situation as a civil matter--in other words, it is better handled in the family courts than in the criminal courts. Divorces can be messy, and it is not a good use of law enforcement's resources to get involved in property matters between spouses--if there is domestic violence, they will intercede, but they will almost never get involved otherwise.

Furthermore, depending on the particulars, a forgery or fraud is generally no more than a Class C felony in Tennessee--the statute of limitations for a Class C felony is generally 4 years (although it can be extended if the defendant leaves the state), so it might not be enforceable even if law enforce did want to do so simply because six years have passed.

Brandon M. :

Does that make sense?

Customer: Yes it does I have agreed to pay the two credit cards off in a timely manner even though most of it was for our household expenses. Thank you
Brandon M. :

Certainly. Let me know if further clarification is needed, and please keep in mind that the experts are not credited for unaccepted answers; even where every problem cannot be solved, my hope is that you can at least feel confident in your knowledge. Please remember to click accept once you are finished. Thank you.

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