Fraud has a Role in Equitable Distribution
It might about appear somewhat obvious. Fraud has a role in equitable distribution . After all, why should one person’s deceit work to his or her benefit? When we think of fraud as it relates to marriage, our imagination considers many scenarios. Is the dishonesty related to present or prior liaisons? Has one of the partners hidden assets? Has someone conveniently excluded some key facts prior to the marriage?
Indictment should be mentioned before Nuptials
There are no set guidelines regarding what needs to be revealed to your spouse prior to your wedding date. Of course, if you are still legally married to another, it might be a good idea to share you intend to engage in bigamy. There are tons of revelations you should ethically contemplate before tying the knot. How about the fact that you were recently indicted for rape? And, might be headed to jail?
Consider the case of a Linden couple wed in 1998. In their unpublished Opinion, Watley v. Watley, (No. A-2545-13T2: App. Div.) the Appellate Division ruled on equitable distribution as decided by the family court judge. It is no question that one spouse’s omission of facts before marriage were of consequence.
Louis P. Watley was fifty when he married nineteen year old Jessica. The two met in the Philippines, where the former Mrs. Watson lived prior to marriage. Mr. and Mrs. Watley started a family almost immediately. Two years after their wedding, Mr. Watley was taken off to jail for a ten year sentence. Mr. Watley was convicted of rape. He was indicted for the crime prior to the exchange of vows. Sadly, Mrs. Watley did not even know of her husband’s charges before she agreed to marry him.
Making Ends Meet
With her husband in prison and an infant child to feed, young Mrs. Watley was faced with surmounting responsibility. She assumed working for her husband’s business and ultimately started her own. Meanwhile, she paid taxes and made repairs to property owned by her husband prior to their marriage. She did what she could to make ends meet.
No Happily Ever After
When Mr. Watley was released from jail, his wife filed for divorce . Mr. Watley had a few demands. He wanted some money from his business. However the court found that Mrs. Watley worked at the company to support their daughter. His claim was denied.
There were other items in question. Mr. Watley was entitled to the property he owned prior to the marital union. However, Mrs. Watley made repairs and tax payments for the property. She was entitled to reimbursement. Questions of alimony and child support were also considered. Mr. Watley’s failure to tell his prospective bride that he might be jailed were important to the case. Fraud has a role in equitable distribution.
Contact Us
Are you concerned about fraud and equitable distribution? At the Law Offices of Sam Stoia, we can help you find the truth as it pertains to your share of assets. Contact us to schedule an appointment.