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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 35578
Experience:  I provide family and divorce law advice to my clients in my firm.
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If my husband, who is the one filing for divorce, has already

Resolved Question:

If my husband, who is the one filing for divorce, has already moved another woman in our house, will this be of any benefit to me in the divorce proceeding?
Submitted: 4 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 4 years ago.
What do you mean by, "any benefit"...as in more of a share of the current spousal assets? How exactly do you feel your current attorney is not fairly representing you?
Customer: replied 4 years ago.

When I first had an intitial consultation with him, and explain my husband's drug use, he was all on my side, saying " we're goning to drug test him through hair follicle test". Well that was approximately 2 months ago and he has not ordered that yet. We were supposed to have our temporary hearing this past Monday, but my husband offered 150.00 a week child support and supervised visitation on a temporary basis until the final hearing.. I agreed to this. But when I went to sign the order, his attorney had thrown in another clause stating that my husband could come by the daycare and see our son whenever he wanted. Well, I refused to sign the paper because I feel it is not the daycare's responsibility to supervise the visitation. Furthermore, there is not enougth staff there to do that. Well, when I told my lawyer that I did not agree, He stated "So the daycare does not allow this or YOU do not allow this...?" He has put of ordering the Hair follicle test to establish my husband's drug use. He talks to me like crap to be quite honest with you. All the evidence that has been presented, I had to go gather it all up myself. And now my husband has moved a girl and all her things into our house. We recently started our own business in June and my attorney informs me that I am not entitled to none of that. My husband is power of attorney over his dad's VA check, who is in a nursing home, yet spends the entire check (3100.00) on himself and his new girlfriend. I have our child, who is 2 1/2 years old. My attorney acts as though he is representing my husband instead of me. Is there anyway that I can fire him and be refunded the money that has not been used, considerring that he has not done much to represent me thus far. He is very rude to me, and is constantly trying to go with everying my husband is proposing. I feel like I am being taken advantage of and have noone on my side. I paid this man 1500.00 retainer fee, when I can't even pay my health insurance premiums. I am disgusted with him and need some advice on a reputable attorney (preferrably a female) in my area. PLEASE Help me!

Expert:  Dimitry K., Esq. replied 4 years ago.
Ma'am,

Please allow me to go after your points one by one so I can address them properly. Understand that I will be giving you a second opinion of your case, and I may or may not agree with you, or your attorney. However I hope you can take this information for its benefit.

1. Follicle test. Here it is a toss-up on whether or not your attorney is acting properly. It is extremely likely that he attempted to first get a reasonable compromise through mediation with you and your soon to be ex husband. What your attorney probably failed to realize is that you are not attempting to get the hair follicle test as a means to get some sort of an advantage, but as a means to properly protect your child. Since the test is needed for the best interests of the child (to show fitness of the other parent), he should order it.

2. Day care. Here I agree with your attorney. Having you no sign off on the order is not reasonable since you have not yet proven that the other parent is unfit. So far the other party has as much custodial rights as you, and having him visit the child at day care is perfectly legitimate from the eyes of the court.

3. Business expense. Here I do not agree with your attorney, unless the business was solely started with money from your husband. Since the business began with joint funds (if it were), then both parties have an equitable portion of the business as well as subsequent profits.

4. Firing. You can do it at any time. You can contact the attorney's office by phone or by mail (mail preferred) with a "disengagement letter" that would state that the attorney is fired, effectively immediately. The attorney is further instructed to make a copy of the file and cooperate with the next attorney to move the file over. Additionally the attorney is requested to create an itemized bill of his time and refund any remainder of the retainer.

5. Female attorney. That is your prerogative and you can get one in two ways. First, you can contact the local bar association and request a list of local attorneys that specialize in family law. The upside is that these will be extremely competent attorneys but the downside is that they will be pricey. Second way is to go a site called www.avvo.com and do a search for an attorney. Here you can search by location, specialization, fees, and you can even read past reviews of old clients.

I hope I was able to assist you.

Sincerely,

Dimitry Alexander Kaplun, Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 35578
Experience: I provide family and divorce law advice to my clients in my firm.
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