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
Courtney Edwards
Courtney Edwards
Answered
  • Criminal Law Lawyer
  • Edwards, CO
  • Licensed in Colorado

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
Answered
  • Domestic Violence Lawyer
  • Colorado Springs, CO
  • Licensed in Colorado

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

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