Anything legally wrong with this?

[DrFaroohk]

I don't really feel like going into details or having a debate about the whole issue behind my previous marriage, but I do have just one minor question if anyone could answer it:

My ex is being a bit difficult on some issues. Would it be illegal to threaten to rain down all sorts of legal bullshit on her just so she has to be inconvenienced by it if she doesn't back off? As in, I got lots of free time and can fill out forms all day, but she's in hawaii and would have to come allllll the way back to maine to show up for these hearings wouldn't she?

Immature? Of course. Just wondering if it can be called blackmail or extortion or something.

[Treasure]

IANAL (nor do i play one on TV) BUT AFAIK - you can tell her "I've got a lot a free time and access to the internet - it makes little difference to me if I play words with friends, or fill out paperwork... I can make this very uncomfortable for you; are you sure you want to pursue XYZ?"

At this point you are not saying what you will do, you are telling her what you can do, and asking if she is willing to push the issue. Remember - don't show your hand - don't tell her "if you do/don't do X then I will do Y....." - just leave it vague..

DO your research, talk to your divorce lawyer, re-read your divorce decree - make sure that anything you file against her can't bite you in the @$$ later

also - while you didn't mention it, but if you are having to pay child or spousal support - make sure you are up to date on those payments - if she's the one paying and is behind - contact the AG's office first -


these are just my suggestions, I hope they help

[RealUnimportant]

I think your fears have some justification. It's a time-honoured tactic between big businesses to file & counter-file to annoy the crap outta eachother, but that doesn't mean it's acceptable behaviour between individuals - or even those self-same corporations.

I can't recall or find any specific cases at the moment but I'm sure I've heard of many situations where such activity between divorced parties (especially where parental duties are concerned) has resulted in serious trouble when it's transpired that the party being "persuaded" has kept meticulous records...

If she's not doing what she's obliged under law or previous (documented) agreement, then that would make your position a bit more stable, but it's still shaky IMO - but then, I'm not Matlock either.

[Chanlin]

As far as being required to show up - She could just hire a lawyer to represent her which would not require her to show up at all since someone is there to argue the case on her behalf. I am not a lawyer but AFAIK it is entirely possible to sign over the right to have someone represent you in court if circumstances prevent you from being able to show up.

[TheSHAD0W]

Would it be illegal to threaten to rain down all sorts of legal bullshit on her just so she has to be inconvenienced by it if she doesn't back off?

I recommend you *never* personally threaten someone with prosecution. The best thing to do would be to have an attorney do the threatening for you; ask one to write her a letter. That will lead her to your point without your risking violating the law in some way.

[Barracuda]

IANAL, but as far as I know it is never illegal to use legal action to go after someone--unless, of course, the claims are frivolous, in which case depending on state you may have to pay opposing legal costs. I still would not recommend it as a "revenge" tactic. Only if you feel you have a legitimate claim. And consult a lawyer first.

[crazylegs]

Unfortunately you need to consult someone with formal legal training. By consulting a lawyer you'll be protecting yourself beyond reproach of any misconduct. There's nothing that we can say with any certainty what the best course of action is.