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My ex went dumb and attempted to write a very bad declaration after I served her for JLC, I have a enough evidence to ruin her..

San Diego, CA |

I feel so bad because if I rebuttal her declaration with what she wrote, she could end up in some big trouble with child support fraud and theft, not to mention proof that she has lied threw her teeth in some wild desperation to get revenge and the courts to think I'm some monster.
My question is, should I be relentless or should I show mercy and spare her with everything? I can simply state NOT TRUE or LIES. or I can bring out her very bad past and present and show the court who the real phony is and who is acting like a child. What would be the best outcome for this scenario?

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Attorney answers 3


well what on earth you mean by went dumb and by JLC I have no clue. But I can tell you it is never ever going to lead to anything good for you to try to on mask someone in court to show that they are horrible person. It just never gets any good results for anyone, especially if there are children.

if you feel that a particular declaration is inaccurate, stating that fact and fact in support of it, calmly and without any attempt to destroy, smear, or show the evilness of the other person.

Ms. Straus (aka Carroll) may be reached at 800-400-8978 during regular business hours, Pacific Time, or anytime by email at: All of Ms. Straus’ responses to questions posted on Avvo are intended as helpful information based upon the facts stated in the question, and are not to be relied upon as a final legal opinion. It may not be what you wished to hear, and it does not create an attorney-client relationship. Ms. Straus is licensed to practice law in California. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state, and retain him or her. Me Straus provides “unbundled” services if you need specific assistance with a specific issue.


One word needs be offered here: hubris.

No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. Send me an email to schedule a paid Consultation for that kind of information, direction, and assistance. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.

Edna Carroll Straus

Edna Carroll Straus


I proffer humility


If you allow her lies to stand you will most likely regret it later.

If you go hog wild in an attempt to smear her you will surely regret it right away and later.

One reason to hire a good Family Law Attorney is so that you can have a reasonable and rational person take a second look at the facts and figure out what needs to be said to refute the other parties' claims. Her allegations that you are a monster are actually a real opportunity for you to show the Court who is crazy and who is sane -- by providing a calm and reasoned response.

As stated above -- I have NOT actually stated any legal opinion, because I need to know more before I can start to form one.

Edna Carroll Straus

Edna Carroll Straus


Well said.

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