Under the California Family Code 1101(h), a spouse who can prove that the other spouse has willfully spoiled or concealed community property
(through use of "oppression, fraud or malice"), can obtain a judgment from the court providing credit for 100% of the amount of assets spoiled or concealed -- plus attorney's fees necessary to prosecute the action to prove the willful concealment.
However, in order to get this award, the case must be brought to trial. So, if you give up before trial, or fail to permit your attorney to litigate as necessary to obtain evidence of your spouse's bad acts, then the court can't credit you with the award.
As a practical matter, you may or may not have sufficient assets to make this a useful outcome. If not, then the only thing you can really do is get the divorce over with so that you can get away from your spouse's bad acting.
But, if there are
sufficient assets, then this is the way to effectively leave your spouse penniless at the end of the divorce. Unfortunately, it's expensive to litigate, so, you have to decide whether or not it's worth the effort. Your attorney may have already decided that it's not -- and so is not returning your calls, because it's a waste of your time and money. You need to sit down and discuss the issue with the attorney. If he/she seems to not know what you're talking about, then you may need a different family law
attorney -- and a legal malpractice lawyer to sue your current attorney.
Hope this helps.
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