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So You Married a Criminal? 3 Legal Tips

While accidentally marrying a criminal sounds more like the subject of TV drama (or comedy) than a real life occurrence, it does happen in real life. Unfortunately, even when a person marries a criminal on accident, there could be real life consequences. Most often, legal consequences for uninvolved spouses stem from organized, or white-collar, criminal activities. For instance, spouses that agree to put things in their names, or sign checks, or take other relatively passive roles, can find themselves looking at actual jail time. Alternatively, spouses that merely reap the financial benefits, completely passively, without being involved at all, can usually expect to minimally have those benefits seized and forfeited. Here are three legal tips on what to do if you accidentally marry a criminal: 1. Annulment May Be Possible If you were tricked into the marriage, you may be able to qualify for an annulment based upon fraud. Unlike a divorce, an annulment will dissolve a marriage and treat it like it never happened. There may be some complicated issues when it comes to separating joint property, but it could potentially protect an innocent spouse from liability. State laws differ about how and when a person will qualify for an annulment, but generally state laws require a showing that the innocent spouse materially relied on a significant misrepresentation in agreeing to marry. If an annulment isn't possible, divorce or legal separation can be pursued. 2. Consult and Retain an Independent Attorney So long as you are not actively involved in the criminal enterprise, you can consult with an attorney on how to keep on the right side of the law. Depending on your situation, this may involve legal separation, divorce, annulment, or maybe not. If you get involved with the criminal enterprise, an attorney will not be able to assist you in continuing to break the law, but may be able to help keep you out of trouble if you are arrested. It is also important to retain your own attorney, rather than rely on joint representation, particularly for a spouse that is not actively engaged. 3. Maintain Separate Accounts Maintaining sufficient separation of financial accounts may not be possible if the criminal enterprise is the sole source of income. However, if there are premarital assets, or you earn legitimate income, these should be maintained separately and diligently tracked. In the event that a criminal prosecution occurs against the criminal spouse, depending on the jurisdiction, being able to trace separate legitimate income may be what prevents it from being seized by the authorities. Related Resources: Find Family Law Attorneys Near You (FindLaw's Lawyer Directory) 5 Potential Ways to Get an Annulment (FindLaw's Law and Daily Life) What Is the Spousal or Marital Privilege? (FindLaw Blotter) How Marriage Annulments Differ from Divorces and the Grounds for Obtaining a Marriage Annulment (FindLaw's Learn About the Law)
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How to Find a Divorce Lawyer

When a married couple, or just one married person, wants to divorce, the first concern is finding the right divorce lawyer. While a person’s first instinct might be to hire their one lawyer friend, or the same lawyer that handled their injury case, or the cheapest lawyer they can find, unless those lawyers know divorce law, it’s a big risk. With the help of online lawyer directories, the simplest way to find a lawyer is by calling as many as you have time to call, and talking with as many potential lawyers as you can. Divorces can range in complexity from simple to impossible. When a married couple has no assets, no children, and both parties have their own equal incomes, the divorce may be as simple as just filing some documents that a court needs to approve. However, if there are children, a marital home, a shared car, a family business, and/or other assets, it is much more complicated. So how do you evaluate a potential divorce lawyer? Not Just Any Experience One of the most important factors any client should evaluate when hiring an attorney is that attorney’s experience in the type of law they will be asked to handle. For a divorce case, you may need an attorney who knows how to handle not only a simple divorce, but also child custody, and, if there was a family business, business transactions or dissolutions. Ask your prospective attorney about prior divorces they have handled, and probe them about how complex those divorces were. Even if an attorney has been practicing law for 20 years, if they have never handled a divorce with child custody at issue, and you have children, you may not want to be that attorney’s first. Comfort And Trust After Experience After you’ve found an attorney with the right experience, you should ask yourself whether you feel comfortable divulging private information to them. In order for your attorney to be effective, you will need to be able to discuss personal matters without hesitation. While your sex life, generally, is not something that needs to be discussed, in some states, infidelity matters during divorce. Your attorney doesn’t need to be your friend (and probably shouldn’t be), but should be someone that you feel comfortable, and trust, with discussing potentially embarrassing information. Related Resources: Dealing with a divorce? Get your case reviewed for free now. (Consumer Injury - Family) Why Is There a Divorce Waiting Period? (FindLaw’s Law and Daily Life) What Is Ex Parte Divorce? (FindLaw’s Law and Daily Life) When to Get a Second Lawyer’s Opinion for Your Divorce (FindLaw’s Law and Daily Life)
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