Legal Question in Family Law in Mississippi

My wife of 2 months, left for her past 2 ex's.

I married a woman in 1/2005. She was just divorced in Dec. 2004. Sun. her ex-husband and her got together he wrecked my truck. I started recording my phone to find out what was going. I felt bad and told her I was when I got home from work she was gone. I found her later that night at a bar she used to hang in with another exhusband. Now she said she wants a divorce. We bought a $5000 trailer on my credit card and purchased a truck in my name with her mother cosigning. Now she said she wants $2500 for half of the trailer or the truck. She only worked part time at a storage unit. I've been with the sawmill 20 yrs. She filed bankrupcy, she has no credit. She says she has tapes of me threating her exhusband and her and if I dont give her what she wants then they are pressing charges on me. What should I do? Can I be charged for threats? Please help!

Thank you

Greg


Asked on 3/21/05, 10:02 pm

1 Answer from Attorneys

Albert Pettigrew Law Offices Ph 228-875-8736

Re: My wife of 2 months, left for her past 2 ex's.

In Mississippi, a spouse is not automatically entitled to half of everything. The court will equitably divide the property depending on what each contributed to its acquisition. Your description of the facts indicates you have grounds for divorce against her on the basis of adultery. To prove adultery, you need witnesses or admissions showing motive and opportunity for the paramour and her to have sexual relations.

Regarding your concern about your wife's threat, one cannot be found guilty of (domestic violence) assault by threat unless he attempts by physical menace to put another in fear of imminent serious bodily harm. Also, one cannot be found guilty of extortion of property unless he purposely obtains property or things of value of another by threatening to inflict bodily injury on anyone or commit any other criminal offense. However, it appears that in Mississippi that a threat of prosecution is a criminal offense. Also, you should note that extortion of property valued in excess of $250 is a felony.

If a couple makes misdemeanor charges against each other and they are also in divorce court, it is possible that the misdemeanor prosecutor will not prosecute the charges because the matter is best addressed in the divorce court.

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Answered on 3/22/05, 8:43 am


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