Stolen Information, Live in girlfriend, and barred visitations

[javi107]

Need advise on a divorce action that comensed in April 2010. There are no motions in this case but my soon to be ex wife found out that I have been living with my girlfriend whom I met after the divorce proceedings started. And has stolen a jump drive and ring belonging to my girlfriend (the ring I managed to get back). But the jumpdrive containing sensitive information I fear my be used in court. Can it be used? What actions can I take? Alway I am pro se in this action because I can not afford a "good" lawyer and my soon to be ex wife has barred me from visitation and overnights. What can I do about visits and overnights? And does me having a girlfriend living with me matter?

 

[army judge]

I can't predict if the information will be allowed.
You'll just have to address that situation, if and when, it rears its ugly head.
If I were you (and it did appear), I'd challenge the authenticity of the material your "ex" tried to submit into evidence.
Generally, evidence must be submitted and a foundation laid for the submission of said evidence.
Thus, when and if she tries to submit that crap, attack her lack of foundation.

How can anyone PROVE who MIGHT be living with you?
Not that it should matter, but again, salacious material isn't easy to enter into evidence.
The mere existence of something doesn't mean you can get it entered into evidence, easily.
So, your job is to attack the material, if and when they try to use it.
If you don't BLAB about who is living with you, how in tarnation are they going to discuss it?
HINT: They can't! So, just stop talking!

As far as some "flash drive" goes, your response should be, "What "flash drive"? Oh, that one! It doesn't belong to me."

 

[javi107]

So your advise is to wait and see if the evidence is brought to light and state, "what flash drive (if in fact they mention a flash drive), oh the one you stole from my home belonging to me?" If if they present the information stating that they "aquired" said information?

How do I attack her lack of foundation? What do I say?

I didn't "blab" about my live-in girlfriend, some documents on the flash drive belonged to my girlfriend including our lease and she tracked her down thru facebook and began following her. Even interacting with her unbeknownst to my girlfriend.

Will my live-in girlfriend pose a problem in this divorce?
Can she stop visits and overnights because she is jealous I have a new relationship?

 

[army judge]

So your advise is to wait and see if the evidence is brought to light and state, "what flash drive (if in fact they mention a flash drive), oh the one you stole from my home belonging to me?" If if they present the information stating that they "aquired" said information?

How do I attack her lack of foundation? What do I say?

I didn't "blab" about my live-in girlfriend, some documents on the flash drive belonged to my girlfriend including our lease and she tracked her down thru facebook and began following her. Even interacting with her unbeknownst to my girlfriend.

Will my live-in girlfriend pose a problem in this divorce?
Can she stop visits and overnights because she is jealous I have a new relationship?

That isn't what exactly what I said, but there is nothing you can do to prevent her from trying to "let the cat out of the bag", is there? NO!!!!

So, wait and see.

I wouldn't mention that she stole the "flash drive".

That would imply that the information could be accurate.

I'd simply say, "What flash drive? I didn't have any flash drive."

But, you're worrying far too much.

The standard to be a parent these days is VERY, VERY low!

Convicted pedophiles are allowed to be parents.

Domestic batterers and all manner of adulterers don't have their parental rights taken away.

Get this, even people convicted of child abuse and neglect are still allowed to be parents.

I don't think most judges want to know who is sleeping with what and doing some of that!

 

[javi107]

The information on the flasdrive may have tax returns, my current lease on it which I objected in my interrogatories as "Defendant objects to Interrogatory 4 on the grounds that the same is overboard, unduly burdensome, harassing, and not reasonably calculated to lead to the discovery of admissible evidence" because my girlfriends name is on the lease as well.

Which in a 4 way conference back in July I refused to reveal and stated that I live with my two sons.

 

[army judge]

The information on the flasdrive may have tax returns, my current lease on it which I objected in my interrogatories as "Defendant objects to Interrogatory 4 on the grounds that the same is overboard, unduly burdensome, harassing, and not reasonably calculated to lead to the discovery of admissible evidence" because my girlfriends name is on the lease as well.

Which in a 4 way conference back in July I refused to reveal and stated that I live with my two sons.

Dude, you need a lawyer.
If what you've said is true and can be verified, you COULD be charged with PERJURY or FALSIFYING A LEGAL DOCUMENT or some form of FRAUD.
A lawyer isn't any more expensive than getting convicted of some felony.
At least talk to a lawyer in person, or even a couple of lawyers.
The initial consultation is normally FREE!

 

[javi107]

Spoke to a lawyer, the girlfriend is and wont be an issue.
She can not barr visitation because I have one or lied about one so that will be handled.
The only item is the information on the flashdrive...like I said dont know whats on it or even if any of it is useful. Im thinking it isnt since that flashdrive is old and used it only a handful of times thru out last year. My main flashdrive that contains everything is always on my persons.

Again, my question for any law professional out there is what if there is a paystub or an offer letter i didnt disclose on it which is most likely the case. Can she use it? If no, how do I defend myself against the presentation of it?

 

[bluemann33]

No one can say what a judge will do if that information is even on there. Best thing is to do as army said and ask these questions to your attorney. Your attorney will/should know all specifics of your case and be able to defend you. Good luck.