Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

My wife had stolen funds from our joint checking and savings

Customer Question
account over a 1-1/2 year...
My wife had stolen funds from our joint checking and savings account over a 1-1/2 year period and funneled into her business. During this time she also allowed people from her company to access our personal account, use our personal debit card and write checks forging signatures - again the funds were used for her business. I have 1-1/2 years of records showing the cancelled checks with forged signatures in my digital records. This past June our bank closed the account since it was overdrawn for extended period; she kept saying she would replace the funds to bring the account to a positive but she never did.
Over the past year she had borrowed my personal and business credit cards for emergency and when she did not return it to me I learned she gave it to someone in her business who attempted to make purchases. My business credit card company's fraud division alerted me immediately and told me 2 transactions were attempted at 4am and 6am yesterday morning. The card was cut off so purchases could not be made. The fraud division has now terminated my business credit card and issued new cards. The personal card I gave her it turns out has been repeatedly used to pay for her mini-storage monthly fees and van rental costs.
During this time she has had many financial problems with her catering business and I have provide her money to pay healthcare for her employees, replace a hood system in her commercial kitchen, pay for food for catering, and I have even written checks directly to her employees when she could not make payroll. This has amounted thousands of dollars.
Over the past 2 years I have had numerous conversations with my wife and she continuously denied the above. Each time I found out she used our personal funds for her business and let members of her business write checks from our personal account - I discussed with her and demanded she stop. Over and over she would say it won't happen again or they are not writing checks, however, it has continued to happen. She has now taken the personal credit card that we share, which I paid off, and has exceeded the limit again. I'm tired of the lies and deceitful actions.
In September the sherrif showed up at my office with a letter from an attorney representing the bank she used to do business with. It was a collection notice for a debt she owed to the bank which she stopped paying off. The sherrif had a bright colored sticker and was going to pad lock my office and threatened to retain all property if the debt was not paid within the next 2 days. I forgot to mention my wife couldn't afford the rent at her store front and I let her take a front office in my place of business.
It's my credit at stake. It's my family at stake. It's my children's future at stake. She shows little concern and is completely not interested in discussing finances, budgets and money for our family and children.
Another note: my wife has severe Crohn's disease and is on up to 10 medications including at times narcotic level drugs and steroids. She is extremely aggressive at times and very high strung. Friends have commented that is is "wound tight"
I would like to file for divorce but am afraid the process will affect our 2 children (7 yrs and 5-1/2 yrs). Can you please give me advice on what grounds I can file divorce and your opinion on strategy so I can push get custody of our kids?
Submitted: 2 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 5 minutes by:
10/28/2015
Family Lawyer: Dimitry K., Esq., Attorney replied 2 years ago
Dimitry K., Esq.
Category: Family Law
Satisfied Customers: 41,221
Experience: I provide family and divorce law advice to my clients in my firm.
Verified

Thank you for your question. Please permit me to assist you with your concerns.

If I may ask, in what state do you reside?

Ask Your Own Family Law Question
Customer reply replied 2 years ago
Ohio
Family Lawyer: Dimitry K., Esq., Attorney replied 2 years ago

Thank you for your patience.

Ohio has very specific grounds for divorce. There are of course 'no-fault' grounds of 'incompatibility' and living apart for a year. That type of a divorce is typically faster, less acrimonious, and cheaper. It also tends to affect the children less but it requires that you both agree on all parts of the divorce and you essentially let go her bad acts.

But Ohio also permits 'fault' based grounds under ORC - 3105.01 which I have provided below for review. Most likely you are considering "Fraud" and "Neglect" and those seem to fit. The fact that she granted access to your financial records to strangers and is effectively embezzling funds into her business, as well as committing forgery makes those grounds legitimate. Likewise you may even want to consider pressing criminal charges as she is stealing from you, and possibly from your employer.

Now, as far as the children, you would need to attack her 'fitness'. Fitness factors may include a history of abuse or neglect, domestic violence, drug use, alcohol abuse, history of mental illness, criminality, or moral turpitude. For that I would strongly urge you to consider retaining counsel, both for your peace of mind, and the peace of mind of the children.

3105.01 Divorce causes.

The court of common pleas may grant divorces for the following causes:

(A) Either party had a husband or wife living at the time of the marriage from which the divorce is sought;

(B) Willful absence of the adverse party for one year;

(C) Adultery;

(D) Extreme cruelty;

(E) Fraudulent contract;

(F) Any gross neglect of duty;

(G) Habitual drunkenness;

(H) Imprisonment of the adverse party in a state or federal correctional institution at the time of filing the complaint;

(I) Procurement of a divorce outside this state, by a husband or wife, by virtue of which the party who procured it is released from the obligations of the marriage, while those obligations remain binding upon the other party;

(J) On the application of either party, when husband and wife have, without interruption for one year, lived separate and apart without cohabitation;

(K) Incompatibility, unless denied by either party.

A plea of res judicata or of recrimination with respect to any provision of this section does not bar either party from obtaining a divorce on this ground.

Effective Date: 10-06-1994

Sincerely,

Dimitry, Esq.

Ask Your Own Family Law Question
Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41,221
41,221 Satisfied Customers
Experience: I provide family and divorce law advice to my clients in my firm.

Dimitry K., Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

41,221 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
Husband comitted domestic violence against and was vetbal
Husband comitted domestic violence against and was vetbal abusive to my daughter. He is the only caregiver to our 5 year son would he be able to care for our son if an order of protection is filed aga… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,755 satisfied customers
Trying to file a motion I'm thevictim in a domestic violence
trying to file a motion I'm thevictim in a domestic violence case and there are many laws being broken iin this small town court house.. like my right in the state of rhode island speedy trial. the fa… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
MY DAUGHTER was served a civil summons domestic violence An
mY DAUGHTER was served a civil summons domestic violence An Ex Parte order was issued against my daughter and she is to appear and answer the complaint. The allegations are false! Questions: Can chara… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,182 satisfied customers
I had a final "Domestic Violence Injunction, Florida 741.30
I had a final "Domestic Violence Injunction, Florida 741.30 place on me on 18 December, 17. This was placed on me by my daughter in law who has a history of trying to keep me from seeing my Grandchild… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
If a business came into marriage is it part of the divorce
If a business came into marriage is it part of the divorce ownership n name never changed at marriage … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,317 satisfied customers
Can domestic violence case be reopened after few years. Ca.
Can domestic violence case be reopened after few years … read more
LegalGems
LegalGems
Juris Doctorate
10,665 satisfied customers
I have a question regarding domestic violence. Hawaii. I
I received a phone call this evening from Hawaii police. My 16 year old sons girlfriend and mother went to the station and made a statement. Now, then want me to bring him down. They said they have to arrest him. That is the extent of my knowledge. … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
My wife accused me of domestic violence verbal and says i
My wife accused me of domestic violence verbal and says i pushed her at 1am. She claims verbal abuse be going on for 2 years. She denied this to cps 8 months prior to this. She called 9 hours later af… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,755 satisfied customers
I have a question about my case on Domestic Violence. I am
Hi Pearl, my name is***** have a question about my case on Domestic Violence. I am the plaintiff my wife is the defendant. what will I prepare during the Trial? … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,261 satisfied customers
My Daughter's fiancé was arrested for domestic violence that
My Daughter's fiancé was arrested for domestic violence that we are certain did not happen. She did not bring charges against him. She had no bruises. Along with a jail sentence (30 days), the judge i… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
There was a question posted in 2012 regarding cohabitation
Hello --There was a question posted in 2012 regarding cohabitation in Virginia and answered by Lawyer Lori. It stated: What does it take to prove cohabitation in the state of VA. What does it take to … read more
LegalGems
LegalGems
Juris Doctorate
10,665 satisfied customers
My husband was charged with domestic violence and felonious
My husband was charged with domestic violence and felonious assault. I stood up for him for the judge to drop the protection order and he did..... … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,114 satisfied customers
Can a domestic violence judgemant be overturned with
can a domestic violence judgemant be overturned with evidence that conterdicts everything presented at trial … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
My daughter is going to court for domestic violence and her
My daughter is going to court for domestic violence and her ex is free to continue visitation. He claimed he can't support his daughter because he can't work due to his mental issues. He has an anger … read more
Ray
Ray
Lawyer
Doctoral Degree
30,843 satisfied customers
A judge issued a Domestic Violence restraining order
A judge issued a Domestic Violence restraining order prohibiting me from seeing my children. He did so for no reason whatsoever, did not allow a hearing, and such order was not requested by anyone. Th… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I was granted a domestic violence temporary restraining
I was granted a domestic violence temporary restraining order and The restraining order was from one assault alone. Also keep in mind another assault was not included in original request. I did not sh… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,327 satisfied customers
I have been going through a domestic violence divorce for 4
I have been going through a domestic violence divorce for 4 years. I am bifurcated, however, the Maritial Seperation Agreement … read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,255 satisfied customers
I'm a domestic violence/ assault victim/survivor proceeding
Hello, I'm a domestic violence/sexual assault victim/survivor proceeding to petition for a complete identity change. The complete identity change will include a new name and a replacement birth certif… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,398 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x