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Tag: compelling evidence

My spouse opens accounts in my name, forges my signature. How to stop it?

My spouse opens accounts in my name, steals checks, forges my signature. How do I get my spouse to stop?

Without telling me, my spouse opens store accounts in my name, steals my checks, forges my name on my checks and accounts. In our state, assets are divided 50/50 in a divorce, and that would be catastrophic financially for me. How do I get my spouse to stop?

This is a great question. The answer is not going to be very comforting.

Unless you are somehow able to prove to the court’s satisfaction that, in fact, your spouse opened accounts in your name without your knowledge or consent, if you cannot prove that your spouse forged your name on contracts or checks, then the poor judge can’t be expected to ignore the documents that show you—albeit falsely—have those accounts and debts and obligations. From the judge’s perspective, your spouse has very compelling evidence (even though but only you know it’s false and fraudulent). The judge needs proof that this evidence is fake before it can disregard that fake evidence.

Fortunately, it has been my experience that frequently a person in your position can often find the proverbial smoking gun that exposes your spouse’s fraud to the court’s knowledge. But if you believe you can prevail in a contest of “your word against mine,” you’re in for disappointment. Don’t leave it to chance.

Utah Family Law, LC | divorceutah.com | 801-466-9277

https://www.quora.com/Without-telling-me-my-spouse-opens-store-accounts-in-my-name-or-steals-forges-my-name-on-my-checks-In-our-state-assets-are-divided-50-50-in-a-divorce-and-that-would-be-catastrophic-financially-for-me-How-do-I-get-my/answer/Eric-Johnson-311

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What is the best case law to cite about parental alienation?

What is the best case law to cite during a high conflict custody battle where parental alienation has been occurring?

If you know of any, please let me know. My e-mail address is eric@divorceutah.com.

Courts are, in my experience, very reluctant to acknowledge that parental alienation exists and does heinous damage to children and to parents, no matter how much or how compelling the evidence is that one provides.

I get that establishing parental alienation is hard as a matter of objective, verifiable proof, but courts make all kinds of crucial decisions on less than perfect information. I’m not suggesting that courts should arbitrarily and capriciously decide serious matters, but refusing to recognize parental alienation (not “parental alienation syndrome (PAS), just the acts and effects of one parent that estrange a child from his/her parent as the result of the other parent emotionally and/or psychologically manipulating the child, causing the child to fear or hold the other parent and that parent’s side of the family in contempt) cannot happen and does not frequently (not always, but far from rarely) occur is not just tragic, but needlessly tragic, when a preponderance of evidence is apparent.

Utah Family Law, LC | divorceutah.com | 801-466-9277

https://www.quora.com/What-are-the-best-case-laws-to-cite-during-a-high-conflict-custody-battle-where-parental-alienation-has-been-occurring/answer/Eric-Johnson-311?prompt_topic_bio=1

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