Asked in Criminal Law, Federal Crimes, Divorce and Family Law for California

Q: My wife forged my signature and sent in a summary dissolution application in order to defraud me. What can I do?

She copied an application she sent me for signing which I never did. She grew impatient and simply forged my signature and sent in the application to court.

Now I have the original application that still remain unsigned.

3 Lawyer Answers
Tobie B. Waxman
Tobie B. Waxman
Answered
  • Culver City, CA
  • Licensed in California

A: Can you prove it is a forgery? Is there something on the application that was allegedly forged that you do not agree with? Do you not agree with having a summary dissolution? I ask because it is a pre-printed judicial council form. If you do not agree to getting a divorce or to proceeding by summary dissolution and you can prove your signature was forged, you can move to set aside the application. In fact, I believe you have up to 6 months to do that before judgment is entered. If you do agree with getting a divorce and with proceeding by summary dissolution and there's nothing on the form or a box checked that you disagree with, you must weigh the cost and expense of moving to set it aside with what you stand to benefit from objecting to the alleged forgery.

Joseph Torri agrees with this answer

1 user found this answer helpful

Joseph Torri
Joseph Torri
Answered
  • Criminal Law Lawyer
  • Riverside, CA
  • Licensed in California

A: Consider filing for a set aside, but weigh the pros and cons of doing so.

Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in California

A: See my prior reply. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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