WHAT IF MY SPOUSE FORGES MY SIGNATURE TO INCUR A MARITAL DEBT?
WHAT IF MY SPOUSE FORGES MY SIGNATURE TO INCUR A MARITAL DEBT? (part one)Sometimes in a marriage one spouse will incur a debt by forging the signature of the other spouse in order to obtain a credit card, sign a contract or to write a check. The discovery that a spouse has done this could be the "straw that broke the camel's back" and lead you to think, "I need a divorce lawyer!" When forgery happens, there is a way to make the offending spouse responsible for that debt. While normally all assets and debts of the marriage will be divided pretty much evenly, the Florida Statutes provide a solution to this problem. Basically, Florida divorce law provides that if one spouse forges the other's signature to create a debt, the offending spouse will be responsible for that entire debt.
WHAT IF MY SPOUSE FORGES MY SIGNATURE TO INCUR A MARITAL DEBT? (part two)The most common type of forgery involves signing a spouse's name to a credit card application. Let's suppose that at the time of the divorce the credit card carries a balance of $5,000. The spouse who ran up the debt will be responsible for all of it. The rest of the net worth of the divorcing couple will be divided basically evenly unless there are other extenuating circumstances.So how do you prove the forgery? Any expert Tampa divorce lawyer will have access to handwriting experts who are highly trained and qualified to testify in court as to the authenticity of a signature. Most of these experts are former police detectives who were trained while on duty so that they could conduct criminal investigations.
Forgery occurs during marriages more often than you would think. If that is part of your divorce scenario, contact an expert Florida divorce lawyer to guide you on how to preserve the evidence and how to make sure that you don't pay for your spouse's unauthorized spending.