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Dwayne B.
Dwayne B., Attorney
Category: Business Law
Satisfied Customers: 32154
Experience:  Practicing for over 20 years and helped a number of businesses with litigation.
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I started a buisness with a man, we signed a contract tgat

Customer Question

I started a buisness with a man, we signed a contract tgat he wrote. I married him a year later. He cut me off from the buisness after I fled the marriage. Judge was law school classmates with his attorney, deems the buisness his sole property. I got nothing in the divorce, except the bill. Any avenue I can pursue?
Submitted: 3 months ago.
Category: Business Law
Expert:  Dwayne B. replied 3 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Did you have a lawyer for the divorce?

When was the judgment/decree/order signed by the judge?

Customer: replied 3 months ago.
I had an attorney that did absolutely nothing. He could not even get me an insurance card or prevent my ex from breaking 99% of the "standing orders". The divorce was final 09 of 2015, I think??
Customer: replied 3 months ago.
The buisness was started a year prior to the marriage. I contributed greatly, hence the contract giving me 20%. It does 2m a year after six years..
Expert:  Dwayne B. replied 3 months ago.

Unfortunately, that's too long ago to do anything "normal". You only have 30-120 days to file a Motion for New Trial or to appeal unless there was fraud involved.

You could try a Motion to Vacate Judgment (for our purposes a divorce decree or final order is a judgment) but I've never seen one granted for anything like this. They are usually used if you didn't get served or something along those lines.

To me, based on the facts you gave, it sounds like the business was created by both of you before marriage and thus would be separate property for each of you and technically you would be what is known as a "joint tenant" as far as the right to the company. However, if the judge founds that wasn't the case then you could have appealed and had a good shot at winning if the evidence as to this was introduced at trial.

So the only possible thing to do would be to pursue the attorney if they really made some mistakes because it is too late to do anything about the court's order. You can find an attorney to review your lawyer's issues by going to and in the section for Area of Practice you enter "Legal Malpractice".

Customer: replied 3 months ago.
I would like to file a motion to vacate because fraud was committed. He lied about our assets, moved money into college funds then after the toh he moved it out. I have proof of sooo much. But my attorney was a joke. He didnt inform me of his prior domestic abuse situation or legal issues, he did zero for me, and even told me that my ex was involved with his attorney...? He lied about so much. He was no representation at all.
Expert:  Dwayne B. replied 3 months ago.

If you only found out about the fraud afterwards then you could certainly use that as a ground for the Motion to vacate. If you knew about it ahead of time then it wouldn't be grounds for a Motion to Vacate.

Customer: replied 3 months ago.
I actually gave proof to my attorney...he did nothing for all.
Customer: replied 3 months ago.
My contract states 20% of each jobs gross belongs to me. He stopped paying me July of 2014. Are you up for a 75/25 split, 75 being you..?(-" I have m.s. and live on ssdi and a 40% comp and pen income. I really have no options and this was a slam dunk case..Had my attorney done anything other than cash the 5k I had to borrow to hire him..(-"
Expert:  Dwayne B. replied 3 months ago.

It will be hard to convince a judge to grant the motion to vacate based on fraud since you knew about the fraud before the case was decided. You would be better off talking to someone about the legal malpractice case.

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