Los Angeles, CA asked in Criminal Law, Divorce, Immigration Law and Domestic Violence for Colorado

Q: My wife went missing, will the detective investigating question me more if I file jointly non contested?

We were married June 2017 in Colorado Springs. My wife is a foreigner and was here on a fiance visa, she went missing February last year and said she was going back to her home country, but nobody knows where she is. A few days ago she sent her half of the completed and signed divorce papers to me with no return address. I was the last person to see her and was and maybe still am the number one suspect of her disappearance which is being investigated as a homicide. I was already put in handcuffs and questioned but I was not actually arrested or charged with anything. If I use the papers she sent me and file jointly non contested, will the detective investigating her disappearance likely be notified about this somehow and begin questioning me again? Could he use this as evidence against me?

2 Lawyer Answers

A: Typically, I prefer to respond to questions posted on this forum with practical advice. However, my advice today to you is that you need to go speak, in person, with an attorney regarding this matter. There are so many nuances here to your story that need to be fully discussed with an attorney. Additionally, an attorney should review these papers before you show anyone. Tread lightly.

Adan Vega agrees with this answer

Sabra M. Janko
PREMIUM
Sabra M. Janko pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: I agree with the last answer. Yes, submitting paperwork from your missing spouse for a civil court action that will benefit you can certainly impact the criminal case. You should consult with both a criminal and civil attorney on this matter.

2 users found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.