Ruth Madoff on how to get a fake divorce

Experts are calling on Ruth Madoff to divorce her husband Bernard L. Madoff. We’ve been thinking about that and it gave us the idea for a “fake” divorce. Is there such thing as a fake divorce? Yes, says we at Divorce Saloon. A fake divorce is basically a type of fraud against the court. It purports to ask the court for a divorce upon grounds which are fictional or downright untrue. Such divorces would probably only happen in jurisdictions where one has to prove grounds, such as New York. So a litigant would sign a sworn, verified complaint attesting to the facts in the complaint, but the facts are really untrue in whole or in part.
So, in Ruth’s case, she may go in and sign a complaint that says that Bernie “constructively abandoned her.” What that means is that she is saying since last year, around this time, he refused to have sex with her for no reason even though she asked for sex and wanted sex with him. This basis for divorce is used quite often in New York where couples are just going to stip to the divorce — i.e. both parties decide not to contest the divorce. It is New York’s unofficial “irreconcilable differences”.
But it is often not true. The parties could easily have had sex the week before. But they still swear to high heaven they haven’t done it in a year or longer. That is what we mean by a fake divorce. That is what Ruth would have to do in order to get a divorce from Bernie. She will have to perjure herself essentially, predicate yet another fraud upon the court, and risk being held in contempt, or whatever other punishment the court chooses to dole out for her lies.
We definitely do not recommend that Ruth Madoff try to divorce Bernie to get herself a portion of the marital assets. Under normal circumstances, if there was no ponzi, it might have been fine if they really wanted a divorce. But because of the facts of this case, we would say to Ruth, don’t go near a divorce petition.
Better that she come to a settlement with the prosecutors in that case. I was reading up some blogs today and there were some ideas being cast around, such as her keeping the Florida mansion under homestead exception laws, and maybe getting a couple of million and forfeiting the rest. Fine. We are okay with that if Ruth is. But we are adamantly against her filing for divorce. We think such a fake filing is too big a risk of getting her in more trouble. And even if it doesn’t, she essentially will end up with a fake divorce and still no equitable distribution.