Sometimes one spouse will sign the other’s name. Most times, this is consensual; however, there are times where it is nonconsensual and the other spouse had no idea it was done. This can come to a head when a divorce action ensues.
New York is a no fault state, which means that courts do not “punish” parties of a divorce based on bad behavior. However, if the “fault” committed by one party caused financial harm to the other spouse, a court would likely consider this during equitable distribution. Under Domestic Relations Law Section 236 B(5)(d)(13), during equitable distribution the court can consider “any other factor which the court shall expressly find to be just and proper”. The factor to be considered in assessing whether marital fault will play a role in equitable distribution is “marital misconduct [must be] so egregious or uncivilized as to bespeak of a blatant disregard of the marital relationship – misconduct that shocks the conscience’ of the court thereby compelling it to invoke its equitable power to do justice between the parties”. Blickstein v. Blickstein, 99 A.D.2d 287 at 292 (2nd Dept., 1984). In 1985, the New York Court of Appeals specifically adopted this guideline in the case of O’Brien v. O’Brien, 66 N.Y.2d 576, 589-590 (1985).
Forgery in any instance is a crime classified in the New York Penal Code as such. Forgery in the Third Degree is a Class A misdemeanor, which is define in New York Penal Code Section 170.05 as when a person “with intent to defraud, deceive or injure another, he falsely makes, completes or alters a written instrument.” This is most likely the case when a spouse forges the other’s name on a credit card application or student loan application (two common scenarios).
To understand the statute, it is helpful to understand the terms in that statute, which are defined in New York Penal Code Section 170.00 as:
1) “Written instrument” means any instrument or article, including computer data or a computer program, containing written or printed matter or the equivalent thereof, used for the purpose of reciting, embodying, conveying or recording information, or constituting a symbol or evidence of value, right, privilege or identification, which is capable of being used to the advantage or disadvantage of some person;
2) “Complete written instrument” means one which purports to be a genuine written instrument fully drawn with respect to every essential feature thereof. An endorsement, attestation, acknowledgment or other similar signature or statement is deemed both a complete written instrument in itself and a part of the main instrument in which it is contained or to which it attaches;
3) “Incomplete written instrument” means one which contains some matter by way of content or authentication but which requires additional matter in order to render it a complete written instrument;
4) “Falsely make.” A person “falsely makes” a written instrument when he makes or draws a complete written instrument in its entirety, or an incomplete written instrument, which purports to be an authentic creation of its ostensible maker or drawer, but which is not such either because the ostensible maker or drawer is fictitious or because, if real, he did not authorize the making or drawing thereof; 5) “Falsely complete.” A person “falsely completes” a written instrument when, by adding, inserting or changing matter, he transforms an incomplete written instrument into a complete one, without the authority of anyone entitled to grant it, so that such complete instrument appears or purports to be in all respects an authentic creation of or fully authorized by its ostensible maker or drawer;
6) “Falsely alter.” A person “falsely alters” a written instrument when, without the authority of anyone entitled to grant it, he changes a written instrument, whether it be in complete or incomplete form, by means of erasure, obliteration, deletion, insertion of new matter, transposition of matter, or in any other manner, so that such instrument in its thus altered form appears or purports to be in all respects an authentic creation of or fully authorized by its ostensible maker or drawer;
7) “Forged instrument” means a written instrument which has been falsely made, completed or altered;
8 ) “Electronic access device” means a mobile identification number or electronic serial number that can be used to obtain telephone service.
To protect his or her self, the victim should file a police report and notify any credit bureaus immediately so that his or her credit is not compromised in the long term. The three major credit reporting agencies are TransUnion, Experian and Equifax. The Fair Credit Reporting Act allows a person to make a dispute, which is then investigated. The Identity Theft Act requires that credit agencies clear any negatives on a credit report due to identity theft. It is important to remember that even if you know who stole your identity, it is still identity theft and it should be reported. Here are some steps to take if you are the victim of identity theft.