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Michael Bradley
Michael Bradley,
Category: Legal
Satisfied Customers: 1059
Experience:  Owner at The Protection Group LLC
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My wife is abusive, but I have not reported it to the

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my wife is abusive, but I have not reported it to the police. She has had a metropcs prepaid phone for the longest time. She even gave me access to see the call history online. But, it only shows outgoing calls, no text messages and no caller ID on incoming calls. I am mostly interested in getting the actual text messages, bc therein she admits to having a boyfriend, and aggression, and texted me oftentimes a hundred times in one day. Is it possible to get these?
JA: Since laws vary from place to place, what state is this in? And when did this happen?
Customer: California. Over the last year.
JA: Has anything been filed or reported?
Customer: Actually, I have done a few incident reports with the police, not identifying her name, but that she is my wife. And, two times the police responded to her for suicide prevention. Those suicide interventions happened once less than a year ago, and once a few years ago.
JA: I'm sorry if I'm reading you wrong here, but it seems as though you might be considering committing suicide or hurting yourself. Am I right?
Customer: no she has made claims that she would commit suicide and I had to call 911 to have them respond
JA: Okay. Let's try this again. How can I help you? Anything else you want the lawyer to know before I connect you?
Customer: I am want to get a divorce, and she has been physically violent. We went to therapy and she admitted this to the therapists. I even recorded her admitting it. But, on other occasions she has threatened to make up things and pretend I had done some abuse to her.

if you want to file for divorce you can, you do not need a reason

obtain an attorney and file

you can go with no fault

Customer: replied 1 month ago.
Thank you, ***** ***** issue I need to address is not whether I can divorce, but whether she can pretend I am abusive, as she has threatened to make up. She might do something like that for immigration purposes.

what is the potential immigration issue?

Customer: replied 1 month ago.
She has conditional permanent residence. If I divorce her she possibly will lose her status.
Customer: replied 1 month ago.
I noticed also on the divorce papers that it says irreconcilable differences. Does that mean I am stating there was no fault in the marriage. That would be a lie if I said that. This marriage has become fraudulent. My wife has admitted that she just wants a green card out of it on more than one occasion. She does say she loves me, whether she is lying or not.

in this day and age irreconcilable differences or no fault grounds are how 99.9% of divorces are done

you no longer need a reason to divorce. The fact that you want a divorce is enough

if you believe it is fraudulent then you might want to look into obtaining an annulment

Customer: replied 1 month ago.
What I mean to be saying is that I do not want to lie on the form. Is checking irreconcilable differences then lying, if there is fraud involved?

no it is not fraud

as long as you want the divorce it is not lying

the fact that you no longer want to be married is irreconcilable differences

Customer: replied 1 month ago.
One more detail, Bradley. If I get a legal separation instead of a divorce, will any inheritance I get from my parents be subject to being divided between us? It is in a living trust at the time, most of it.
Customer: replied 1 month ago.
Also, Mr. Bradley.
If we decide to get a legal separation, is it also ok, even if I contend that she is not really married to me for love, but that she is lying. I mean is it ok for me to file legal separation, believing that she is being fraudulent.

no, inheritance is not marital unless you commingle it with marital funds

I could not find anything that precluded an annulment after separation

here is some basic information

Dissolution of Marriage (Divorce):

A dissolution of marriage, which is more commonly known as divorce, terminates the marriage of the spouses and resolves issues between them, including child custody, visitation, child support, spousal support, asset and debt division, former name restoration, and even restraining orders.

Dissolution of Domestic Partnership:

Domestic partners are "two adults who have chosen to share one another's lives in an intimate and committed relationship of mutual caring." Persons of opposite sexes may not constitute a domestic partnership unless one or both of the persons are over the age of 62.

Legal Separation:

A legal separation case is similar to a dissolution of marriage or dissolution of a domestic partnership in terms of the range of issues that are resolved in the case, except that the parties remain married or registered to each other.

Nullity:

A nullity case is more commonly known as an annulment of marriage or an annulment of the domestic partnership. This can only be requested based on one of reasons listed below.

Grounds for Termination of Marriage

For dissolution of marriage or legal separation in California, there are only two legal grounds. The first is irreconcilable differences, meaning the marriage or partnership cannot be saved. The other reason is incurable insanity which, unlike irreconcilable differences, must be proven.

If you are seeking a nullity of marriage or nullity of partnership, you will need to prove in a court hearing that your marriage satisfies one of the grounds listed below. These must have applied at the time you and your spouse married or you and your partner registered:

Incest:

incest means the spouses or registered partner are close blood relatives.

Bigamy:

bigamy means a spouse or partner was knowingly married or registered to another person at the time of marriage or at the time of registration of domestic partnership.

Underage:

underage means a spouse or partner was below age 18 years at the time of marriage or registration of domestic partnership and did not obtain parental consent or a court order permitting the marriage.

Prior Existing Marriage or Prior Existing Domestic Partnership:

prior existing marriage or prior existing domestic partnership means a spouse married or a partner registered on the mistaken belief that his or her previous marriage or partnership had ended in the death of the other spouse or partner, who in fact was still living.

Unsound Mind:

unsound mind means a spouse or partner could not and has not formed the intent to marry or registered due to a mental condition.

Fraud:

fraud means deception regarding a significant matter that led to the marriage or the partnership and continued until the breakup.

Force:

force means threats or acts of harm were used to force one spouse or partner into the marriage or domestic partnership.

Incapacity:

incapacity means a spouse or partner was and continues to be physically unable to consummate the marriage or partnership.

can I still assist?

Customer: replied 29 days ago.
sir. How longest it takes to get a legal separation once the spouse is served.
Customer: replied 29 days ago.
what process or processes does that include in terms of time. How can I drag out a legal separation if wanted?
Essentially a legal separation can last as long as you want since it serves as a division of assets just does not have the final dissolution of the marriage. Again, from what I have advised you previously I do think you should look at whether or not and annulment would be best for you since it is your position that clearly this woman induce you to marriage with fraudulent reasons
Customer: replied 29 days ago.
I do not know for sure if she had fraudulent intent from the very beginning, but early on for sure.
Customer: replied 29 days ago.
But, also, I think that would be very hard to prove. Because, I have loved her, and treated her as my wife, while she has reciprocated in different ways.
I understand. At the end of the day it also is what you can prove as well. I know that in the past that we talked you thought that it was based on fraud on her part but you are correct that you can only go with what you can prove if that is the case and you do not wish to have the phone divorce then a legal separation may make sense
Customer: replied 29 days ago.
If I file for legal separation, and she wants to turn it into a divorce then she has to serve me, right?
Customer: replied 29 days ago.
otherwise the whole process stays in legal separation
she would have to serve you and otherwise it would stay a legal separation
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