Divorce - Forgery, Fraud and Deception issue - what can I do???

LogSmithy

New Member
I had two businesses in Indiana until the economy down turn and moved back "home" to Wisconsin after 30 years.
I'd been divorced in 2007 from a gal that sat home and could not pass up a new credit offer in the mail - took out 16 high limit accounts and left me when she saw I was about to discover the forgery, deception etc etc etc.

My new wife of 14 months, now, has filed for divorce. In November 2014, she opened some mail of mine and took a check written out to me by a client of mine. Without permission or my knowledge, she took the check to a local bank. She forged my signature to endorse it and presented it to open a joint checking account. The bank was skeptical and asked her to also endorse it next to where I was supposed to have. When they saw the signature penmanship matched, she was questioned further and she lied again, insisting I had signed the check. The bank allowed her to proceed - maybe because it was an application for a joint account and she was telling them I'd be in to sign a signature card in a day or so.

Later that day, when I returned home from work, she was agitated and angry - expressing fear that "they" would be coming to arrest her for forgery. Followed with, "you have to go into that bank and lie for me or I will get arrested!" Shortly, it would be that it was my fault - because she did it for me. Wow! I was speechless. It had been explained that something like this had happened to me in the past. Trust was broken now. Though I was upset and disappointed in her for doing this, I did not stop trying to make things work. It only got worse between us until a month ago when she filed for divorce. This is her pattern - of making impulsive decisions that affect both of us without discussion or thinking it through. Anxiety and depression - staying in a manic-like phase much of the time I have been with her. You just can not have a rational conversation with an irrational person.

The problem is that I'd ended my businesses in Indiana earlier, was finishing a small project when I met her and was unemployed otherwise before, during the marriage and now. I'm out without my things, no place to stay, no income or job and restrained from selling anything of mine to hire and attorney. During the marriage, I worked on our farmette - building stalls and walls in a barn, planting an orchard, Blueberry I completely built a commercial kitchen for a Pizza on The Farm business we were going to operate - many uncompensated improvements that I now wish to receive my share of property value increase. I've asked for maintenance too because I need it and have no income, but also because the forms look like they say if I don't request it now I can not later. She quit her job (losing insurance) a week after marrying too and would not work towards a planned decision for that. I was made to think we were suddenly in financial jeopardy with a new (hers before marriage) $140,000.00 mortgage to pay. Turns out, she's claimed she is retired with a $4956.87 as her monthly income!

I asked the court commissioner to order counseling and was told they don't do that anymore because people do not participate meaningfully. That said I stated I don't want her stuff - that I want my things and a reasonable settlement. She's arguing about a few bales of hay, a couple of truck ball hitches and 50 clay bricks. Even paying a lawyer, she's wanting to be hateful and argumentative. Her attorney stated yesterday that we are not able to arrive at an agreed settlement so he wants everything appraised and send the divorce to the county judge.

I have to represent myself.

I prepared my Answer. I prepared my Counterclaim, Financial Statement and a Proposed Settlement. The initial hearing for a Temporary Order was had and two days were set for me to retrieve items of mine. I prepared a list by memory and submitted what I had to her attorney but kept adding items as I remembered them until I had to file the Answer. The first scheduled day I took a friend and we loaded what we could or were allowed to, (by her). She fought with us both and had no one there for her. A total nightmare. I did my filings after that as the deadline for that arrived and I also filed a request for a Contempt of Court Hearing. I'd also prepared a Request for Hearing for a Temporary Order to ask for Relief during the Pendency of the Divorce Action. The clerks at the court said that was not in order as a hearing for Temporary Order was already had, and said I needed to remove that from my filings - they would not stamp them and receive them. How else do you ask for some income assistance while this is going on???

Back to the Forgery matter - You guessed it. I'm getting over her quickly and know I need to look out for myself.

Can that bank be sued for opening an account? They should have told her to come back together to open a new account. I am wanting to know what recourse I have. Should I do it during the divorce or after it is over? What do I want? I know what is the matter with her and people with this problem (diagnosis) will not learn without having to face consequences for their behavior. She committed Fraud, Deception, Forgery etc etc - took the money and I never did see the check or the cash. In March, when our marriage was clearly heading towards a head of some kind - I contacted my former client - the issuer of that $500.00 check and asked if they would email me a copy of that check front and back in an email. I have it. You may think this crass - but as usual there is more in all this than can be written.

In Indiana where I dealt with a divorce and the 16 credit accounts - the DA and Police didn't want to DO anything about it. She forged checks from a Line of Credit for thousands. All I could do there was get photocopies of the forged checks and took them to the Social Security Admin) SSDI office and dropped them off. Her free ride was terminated there too.

I need a police report but don't believe the police will want to do much after that - especially if it is connected or coincides with a divorce. That is wrong but how do you compel them to do their sworn duty?

Is there a question in here? LOTS OF THEM! This is so hard to deal with. Please do read and answer what you can -

Should I sue her now or after the divorce?
Can I sue the bank? Are they negligent?
Should I file a Request for Temporary Order to see if I can get some maintenance during this Divorce?
 
I guess lightening does strike twice, maybe thrice in the same place.

If you had a case against the bank, you may have let that ship sail long ago.
Why not make an appointment with a bank VP (or higher) and discuss the matter with him or her.
See if the bank is willing to settle this amicably with you, and let them know you'll assist in seeing that the female thief is prosecuted to the fullest extent of the law.

You are free to file for emergency and/or temporary spousal support.
You might even see if a local lawyer will take you on as a client and get paid out of the marital estate.
 
MMMMMmmmmmmmmm. It can.

I guess lightening does strike twice, maybe thrice in the same place.

If you had a case against the bank, you may have let that ship sail long ago.
Why not make an appointment with a bank VP (or higher) and discuss the matter with him or her.
See if the bank is willing to settle this amicably with you, and let them know you'll assist in seeing that the female thief is prosecuted to the fullest extent of the law.

You are free to file for emergency and/or temporary spousal support.
You might even see if a local lawyer will take you on as a client and get paid out of the marital estate.

At the hearing this past Thursday, her attorney seemed embarrassed that she would disrupt or impede matters over some matters like ball hitches, a few red clay bricks, some bales of hay etc etc. She just wants to be pissy and he's got other things to do? He's wanting to have everything appraised now and send it all onto the judge for final settlement. I am looking for the Request for Hearing for Temporary Order I'd prepared and look to have it filed on Monday in which I asked for some maintenance. The court ought to grant relief for me as easily and readily as it would for a woman. If I had reported $5000.00/mo income and she was flat broke with no income or place to stay - the court would have granted that relief to her in a heart beat. Her attorney is representing her - not me. I am looking into Legal Action of Wisconsin to seek legal assistance with this. Speaking to a judge I am not afraid to do - it's not knowing my rights and how the 'game' or rules are written that shakes a guy.
 
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