GO DIRECTLY TO JAIL, DO NOT PASS GO AND DO NOT COLLECT $200!!! A wife finds out that she is recently divorced but she didn’t have any knowledge of any filings. It seems her husband must have really wanted to be “free” from the marriage. He files for divorce behind his wife’s back and gets his “dip off” to facilitate a forged signature of his wife. This is probably the lowest scam we’ve seen in a while. They both should have a great “relationship” behind bars.
Read more as reported by Michael Baisden:
There is never the right time to say goodbye, but this Louisiana man took that saying to a new level. A Louisiana woman found out that she granted an official divorce through the courts even though she was not looking for one. According to authorities, the former wife found the divorce paperwork between her and her husband, which had been filed and granted.
In a news release on Thursday Detective Mike King says that the wife was not aware of the divorce nor was looking for one with husband. However, Demario Clark, 27, had other plans. Clark allowed his side chick, Lisa McKinney, 50, daughter sign the divorce paperwork instead of his wife. The two were arrested and charged with filing public records, and forgery charges.
According to Caddo Parish Sheriff Steve Prator, they have evidence that Clark and McKinney drew the divorce papers and allowed McKinney’s daughter sign the forged the wife’s signature. Police claim that Clark then proceeded to file the paperwork with the Clerk’s Office.
The entire divorce trial took place without the wife’s knowledge. McKinney served as a witness on Clark’s behalf during the proceedings, and the divorce was granted on August 1.
Clark and McKinney were both booked into a Correctional Center following their arrests. McKinney’s daughter, Stanneisha McKinney, 26, was booked as well for forgery charges along with her mother. While Clark was arrested on a charge of filing public records.
Clark’s bond is set at 5,000 and McKinney’s is at $2,500. According to Spokeswoman Cindy Chadwick says that only Lisa McKinney has a lawyer so far.
According to AllLaw, there are several steps one must take before actually being granted a divorce. Below list the steps of receiving a divorce that Clark missed.
Filing a petition
The first step in a divorce is filing a petition. While both parties may both be seeing a divorce, there is one that must actually file the paperwork. The petition will state the grounds for the divorce. Based on the grounds stated, the jurisdiction will decide if it is available in your particular states.
If one of the spouses are dependent on the other for financial support or are looking to have custody of the children, that spouse must ask the courts for temporary orders involving support and custody. This kind of order is typically granted within a few days of the process and lasts until the court hearing.
Service of Process
Whoever files the divorce must provide a document that shows a copy of the divorce petition was given to the other party. If parties mutually agree on the divorce, then it is a little easier to provide this paperwork. However, if the one party is against the divorce, they may be a little harder to obtain. All Law suggests that the spouse filing for the divorce pass off these papers through the other parties attorney.
The party who receives the divorce paperwork, which is known as a ‘service of process’ will then have to file a response to the petition. If the party would like to dispute the divorce, he or she will do that with these documents. They can dispute what lead to the divorce grounds by submitting a defense. If there is disagreement with anything such as to property division, support, custody, or any other issue, this should be set out in the response.
If the parties don’t agree on all the issues, they will need to try to negotiate their differences. The court may schedule settlement conferences that attempt to move the parties toward a final resolution of the issues. If the parties disagree on child custody and visitation, the court may also order mediation, evaluation of the children and parents by a social worker or other court employee and that a lawyer or guardian ad litem be appointed to represent the children. Other issues that may need to be negotiated are the property division and any spousal support.
If there are any issues that both parties cannot resolve through paperwork, it will be resolved on a trail with a judge. This part of the process costs additional funds and will make the process longer.
Order of Dissolution
The order of dissolution is then given and concludes the marriage. It will include all custody information as well as support, property, debt and any other issues. If both parties negotiate their own resolution to all of the issues they can draft their own order of dissolution and submit it to the court. If the judge finds it fitting, they will approve of it.
Source: Michael Baisden