I am in need of some advice regarding my ongoing divorce and my seemingly "dismissive" attorney... I feel like I'm getting screwed left and right... :/
My Attorney dismisses my inquiries regarding filing and acknowledging my soon to be ex-husband's multiple violations of the temporary domestic order, which he was given upon filing divorce in Sept, 2013.
Violations include:
* Refusal to allow me access to my necessary belongings within 15 days of the date of request. (Request is in writing and dated). I spent 6 months living out of a suitcase - LITERALLY.
* Damaging my property by placing it outdoors for two months where it was exposed to sun, wind, dirt, rain and snow. Not salvageable.
* Forcing me out of our marital home by changing the locks, without adequate notice and despite the temporary domestic order's recommendations NOT to do so and to seek a "fair" decision regarding who leaves the marital home. Forcible eviction without a court order or eviction notice.
My Attorney has refused to provide requested information regarding "Marital Torts". Instead says this is not cost-effective for me. Does not seem interested in my reasons or ideas regarding this.
(Grounds for Marital Torts can be debated here, I am interested in objective feedback).
My Attorney says unless the property that was damaged by my ex was worth "thousands of dollars" it is counterproductive to seek compensation.
My Attorney permitted me to enter a "Timesharing and Support" Hearing without being advised or prepared to discuss financial matters, including debts and community property.
My Attorney advised me prior to the Hearing to allow him to speak on my behalf and for me to speak as little as possible.
During the Hearing I attempted to raise concerns regarding the credit card debt and value of the car and was literally "shushed" by my attorney. My ex's attorney proposed a "trade-in" value of "our" 96 Subaru Legacy Wagon of $1,000. Kelley Blue Book value of this vehicle in "Fair" (the lowest condition given) is $1,727.00. (Had I known we would be discussing these matters I would have conducted research prior to the Hearing).
During the Hearing, my ex's attorney decided that "our" vehicle was valued at approximately $1,000. We paid $2,200 for the vehicle and made various repairs to it to increase it's value/functionality and longevity. Repairs included replacing of the water pump and radiator.
* Parts for the vehicle may have been purchased one month prior to filing for divorce, using my ex's credit card, of which I am not a co-owner of the account nor was I EVER permitted to use.
* The credit card account existed prior to our marriage and it's existence was withheld from me for over a year after our marriage.
* I am being asked to pay half of the "alleged" credit card debt without having seen proof of the debt, debt amount, or an itemized credit card statement. Additionally, the credit card may have been used to purchase gifts for me, (in February and March 2013) and/or items that were repaid in cash (such as rental cars for my mom and step-dad that required a credit card deposit were repaid in cash).
During the agreed upon date to collect my belongings, my ex refused to permit me entry into our marital home, even though I am still listed on the lease and thus eventually caused me increased financial and emotional distress by requiring MULTIPLE trips between TWO cities to collect ALL of my possessions. As of this date, 3 trips have been made and not all of my belongings have been collected.
The possessions my ex placed outdoors and permitted to become damaged were not collected when I got some of my possessions, and now HIS attorney is seeking "disposal fees" for those items.
Requests to my attorney to consider "Interim Spousal Support/Child Support" denied, no reason given, does not want to discuss.
Summary:
My ex stays in the marital home.
Keeps the car.
Requires I pay for half a credit card debt, of which proof and amount have not been provided.
Refuses to pay child support agreed upon in the "Timesharing and Support" Hearing in December.
Destroyed property belonging to me, and now asks that I pay for the disposal of such property.
Commits multiple violations of the Temporary Domestic Order and not held accountable for such actions.
Etc. Etc.
I am sure I am forgetting to mention multiple things here, but this is a start.
Is my attorney being lazy? Trying to be helpful because we are low in-come? Taking advantage?
I MUST make it aware that my Attorney IS working with us on payment arrangements... Thus I feel I may be biting the hand that feeds me by voicing my concerns...
What do you think? Am I asking for, or expecting too much? Am I getting screwed here?
Thanks in advance for reading my ramblings...
Posted via Mobile Device
My Attorney dismisses my inquiries regarding filing and acknowledging my soon to be ex-husband's multiple violations of the temporary domestic order, which he was given upon filing divorce in Sept, 2013.
Violations include:
* Refusal to allow me access to my necessary belongings within 15 days of the date of request. (Request is in writing and dated). I spent 6 months living out of a suitcase - LITERALLY.
* Damaging my property by placing it outdoors for two months where it was exposed to sun, wind, dirt, rain and snow. Not salvageable.
* Forcing me out of our marital home by changing the locks, without adequate notice and despite the temporary domestic order's recommendations NOT to do so and to seek a "fair" decision regarding who leaves the marital home. Forcible eviction without a court order or eviction notice.
My Attorney has refused to provide requested information regarding "Marital Torts". Instead says this is not cost-effective for me. Does not seem interested in my reasons or ideas regarding this.
(Grounds for Marital Torts can be debated here, I am interested in objective feedback).
My Attorney says unless the property that was damaged by my ex was worth "thousands of dollars" it is counterproductive to seek compensation.
My Attorney permitted me to enter a "Timesharing and Support" Hearing without being advised or prepared to discuss financial matters, including debts and community property.
My Attorney advised me prior to the Hearing to allow him to speak on my behalf and for me to speak as little as possible.
During the Hearing I attempted to raise concerns regarding the credit card debt and value of the car and was literally "shushed" by my attorney. My ex's attorney proposed a "trade-in" value of "our" 96 Subaru Legacy Wagon of $1,000. Kelley Blue Book value of this vehicle in "Fair" (the lowest condition given) is $1,727.00. (Had I known we would be discussing these matters I would have conducted research prior to the Hearing).
During the Hearing, my ex's attorney decided that "our" vehicle was valued at approximately $1,000. We paid $2,200 for the vehicle and made various repairs to it to increase it's value/functionality and longevity. Repairs included replacing of the water pump and radiator.
* Parts for the vehicle may have been purchased one month prior to filing for divorce, using my ex's credit card, of which I am not a co-owner of the account nor was I EVER permitted to use.
* The credit card account existed prior to our marriage and it's existence was withheld from me for over a year after our marriage.
* I am being asked to pay half of the "alleged" credit card debt without having seen proof of the debt, debt amount, or an itemized credit card statement. Additionally, the credit card may have been used to purchase gifts for me, (in February and March 2013) and/or items that were repaid in cash (such as rental cars for my mom and step-dad that required a credit card deposit were repaid in cash).
During the agreed upon date to collect my belongings, my ex refused to permit me entry into our marital home, even though I am still listed on the lease and thus eventually caused me increased financial and emotional distress by requiring MULTIPLE trips between TWO cities to collect ALL of my possessions. As of this date, 3 trips have been made and not all of my belongings have been collected.
The possessions my ex placed outdoors and permitted to become damaged were not collected when I got some of my possessions, and now HIS attorney is seeking "disposal fees" for those items.
Requests to my attorney to consider "Interim Spousal Support/Child Support" denied, no reason given, does not want to discuss.
Summary:
My ex stays in the marital home.
Keeps the car.
Requires I pay for half a credit card debt, of which proof and amount have not been provided.
Refuses to pay child support agreed upon in the "Timesharing and Support" Hearing in December.
Destroyed property belonging to me, and now asks that I pay for the disposal of such property.
Commits multiple violations of the Temporary Domestic Order and not held accountable for such actions.
Etc. Etc.
I am sure I am forgetting to mention multiple things here, but this is a start.
Is my attorney being lazy? Trying to be helpful because we are low in-come? Taking advantage?
I MUST make it aware that my Attorney IS working with us on payment arrangements... Thus I feel I may be biting the hand that feeds me by voicing my concerns...
What do you think? Am I asking for, or expecting too much? Am I getting screwed here?
Thanks in advance for reading my ramblings...
Posted via Mobile Device
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