So heres the deal. I am representing myself in a divorce. I have no choice. So lets not go there. Anyway, I e mailed her laywer and asked her about what is going on with our divorce and are we going to settle. The exact response i received from her lawyer was this: "Get a job you loser!" Now, What am I supposed to do now? My wife has hidden funds, underreported her income, obtained a restraining order, etc. She has total control over ALL our assets. AND YES I have called dozens of lawyers, and they all want money up front. That is why I am doing all this myself.I am doing fine so far, but I need an angle.......Suggestions?
2007-05-11
09:40:48
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14 answers
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asked by
Paybackisamofo
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in
Politics & Government
➔ Law & Ethics
PEOPLE, what f I have called dozens ofyerso you not understand? IIVE IN A SMALL TOWN. they ALL
2007-05-11
09:54:21 ·
update #1
I live in San Luis Obispo County California. EVERY lawyer I have called wants money up front. All i asked is what is my next step. Stop telling me to get a lawyer! I HAVE TRIED!!!!!!!!!!!!!
2007-05-11
10:13:31 ·
update #2
ok, i ALREADY HAVE SUBPEONAED HER BANKS, HER EMPLOYERS, AND HER. i HAVE ALREADY FILED CONTEMPT OF COURT FOR CHANGING ALL OUR INSURANCE POLICIES. i HAVE ALSO FILED FOR SPOUSAL SUPPORT.AND GUESS WHAT, I HAVE ACCESS TO ALL HER ACCOUNTS ONLINE BECAUSE I AM STILL LINKED TO OUR JOINT ACCOUNT. I MADE 75K LAST YEAR AND I AM SITTING HERE WITHOUT A LAWYER. HER DADDY PAID FOR HERS. SO GIVE ME ALL THE CRAPPY ADVICE YOU WANT. BUT HOW ABOUT SOME REAL ADVICE. IF YOU DONT KNOW WHAT YOUR TALKING ABOUT, DONT RESPOND.
2007-05-11
10:18:22 ·
update #3
Dear Friend
Hiring a lawyer for minor legal problems can be expensive, but there are websites like LawGuru, FindLaw and other places where you can get free legal advice. I found this website useful - http://www.uelp.org/freelegal.html
2007-05-13 20:01:59
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answer #1
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answered by Anonymous
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First you should hire a lawyer. You're never going to get any respect from your wife's lawyer, since your wife's lawyer is being paid by her. Not you.
1. If you know she has hidden funds, why aren't you sending out subpoenas to the banks where the funds came out of to find out what happened to them and where they went.
2. A nasty tactic that some people use to hide money is to buy cashiers checks and then cash them as needed and buy another cashier's check with the surplus. This way there is no bank account.
3. You are entitled to see all of her pay check stubs, bank account records, books of account, etc. So why aren't you getting any of that.
4. Restraining order? Why don't you move to dissolve it? How did that happen? Why is there a restraining order? What do you live in Texas or something where they give them out without an evidentiary hearing?
5. Have you set your wife down for a deposition to ask her about how the mortgage payments, car payments, electric and water bills are being paid? Since she has all the assets I presume you are out on the streets.
6. Have you contacted legal aid or your local law school legal aid clinic to get some help?
7. Why haven't you moved for attorney's fees pendente lite? Generally the spouse who is in the lesser position is in the best position to get temporary attorney's fees to go hire a lawyer. And why haven't any of the lawyers you've gone to advised you that that is generally a possibility.
Anyway, you need to start looking in those directions. Also see if your wife's attorney has ever published any articles in the bar journals or has any reported decisions etc. That way you know her week points.
2007-05-11 17:00:00
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answer #2
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answered by krollohare2 7
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You do have the right to discovery in your case. You will probably have to file some type of document and ask for a hearing to discover her assets. Most of this will involve the help of a lawyer. You don't want this lawyer to screw you out of what you deserve. This is especially true if there are children involved.
The best way to deal with an obnoxious lawyer is to hire a lawyer. I realize that you are in a situation where you can't afford it, but there are ways to get help. There are agencies out there, like Legal Aid or Land of Lincoln (if you're in Illinois), that can help you. You might also be able to get online and see if there are men's advocates in your area. They exist to help men in your situation (do you have children?). Ultimately, it may be necessary to borrow the money to pay the retainer for an attorney. It'll be worth it in the long run, especially if you can get a share of the hidden funds your wife allegedly has. Shop around. You do get what you pay for so cheap is not necessarily good. However, keep in mind that outrageous expensive does not necessarily mean they're the best.
2007-05-11 16:53:41
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answer #3
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answered by LisaC 3
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The best thing you can do is keep trying to get information from her side, and make sure everything is in order on your side. Also, document everything. So, when you made that call to her lawyer, write it down, the time, who you spoke to, etc. It is possible it will come up in court. Keep records, see if you can obtain a phone record of calls to her lawyer's office, like maybe on your cell phone where you automatically get a record of phone calls made. Most judges, prefer settlement. So, if you make several attempts to come to an agreement, then you may want to contact the judge in the case and let it be known what you are willing to settle for. But you can't ask for information on their end, if you don't have a resolution yourself. So, document everything, keep all papers, records, etc. And if you can, come up with something that you honestly think will be agreeable for you and your ex, otherwise, this could go on for quite some time. Judges do not rush divorce proceedings, this is to get people to settle! Trust me, you will be better off if you do.
2007-05-11 16:50:10
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answer #4
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answered by nubianlegalmind 1
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You have a very simple choice. Either retain a lawyer or get screwed over badly in your divorce and dont whine about it.
You are not capable of representing yourself in a contested divorce action. The fact that your wife has total control of your assets means that for some reason you were not regarded as a capable partner during your marriage. You are not going to have the time to get adept in the skills you would need to prosecute a legal action. Your wifes attorney will wipe the courtroom floor with you. So either you pay a lawyer now, or spend the rest of your life paying for not having one.
2007-05-11 16:53:44
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answer #5
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answered by gross d 3
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It is well within your right to represent yourself but it sounds like with the hidden assets and restraining order you really need an attorney.Call your states attorney general office and ask about probono programs. Also I would file a formal complaint against the attorney who wrote you. That was unnecessary. Also if you do not have a job... get one. It will help you in the long run.
2007-05-11 16:51:01
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answer #6
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answered by GI 5
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What exactly are you fighting for?
If she has total control of assets she is only fighting to keep them.
Ever hear the saying when it's over it's over.
If the relationship is over stop fighting over material things. Be thankful for little things in life. Let her keep all that was built together, get even (if that is what you want to call it) by doing bigger and better things in your life.
Don't harp on what was, move on you"ll feel horrible at first but eventually better.
May sound crazy but I am relieved of an (expletitive) jerk of a man and it killed him more when I said to take his crap and all I had (except the kids) and find out what to do with my stuff on his own no longer my problem.
I started over 1000% and haven't regretted losing none of it.
2007-05-11 17:01:57
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answer #7
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answered by rose s 2
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sorry, but you need to call a lawyer. there is hardly anything you can do if your wife is doing all of that. and you best higher a private investigator who will be more than able to investigate your wife's background and dig up any information you can and should used in your divorce proceedings. They can help prove what your wife has hidden and such.
Find a lawyer that will do it on a contingency fee.
http://www.findlaw.com/
There are thousands of lawyers out there, many within your state, that will help you
2007-05-11 16:47:14
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answer #8
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answered by arus.geo 7
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Not a good idea your going to lose your shirt hire a attorney before its too late. About finding her assets you can hired a skip tracers to find some....
www.repodmv.bravehost.com
there affordable
2007-05-11 16:46:00
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answer #9
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answered by Thomas Smith 1
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look in your local phone book under legal aid. Also get a book or several from NOLO on divorce.
2007-05-11 16:45:36
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answer #10
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answered by ? 2
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