Frederick, MD asked in Criminal Law and Divorce for Maryland

Q: Can a spouse sue his wife for stealing the cell phone and m make threats to use against him in a divorce?

The wife threatenend the husband to put his proprties in her name or she will expose pictures too the public, friends ,family and even those pictures were not his but sent by others to him. No permission was given to the wife ever to use the phone .

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1 Lawyer Answer
Mark Oakley
Mark Oakley
  • Criminal Law Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: What you are describing could be characterized as criminal extortion by your wife, which could be the basis of having criminal charges filed against her; of course, then the contents of whatever is in the cell phone that she is threatening to expose will come into the hands of law enforcement as part of the evidence in any prosecution aganst her. That may or may not be what you want. You do not describe the photos she has found on your cell phone, and you should not provide more detailed facts on this public forum. You should consult with an attorney in private to discuss how to proceed. You clearly need a divorce lawyer. Whether you need a criminal lawyer or not is unclear. Her taking your cell phone would not be theft if the cell phone was purchased during the marriage, as technically it is marital property.

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