How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask socrateaser Your Own Question

socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 34175
Experience:  Retired (mostly)
10097515
Type Your Family Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

i have been going through a divorce for 2 years now. My wife

Resolved Question:

i have been going through a divorce for 2 years now. My wife filed, we have alot of property and cars. every thing has been a fight in court and when ever there is a settlemenmt she declines because of something stupid like a office stapler she can not find. My wife is determind top make shur i lose everything even if it means losing it her self. There is judes orders and my wife has violated them all completly.....she followed none of them. The judge gave us bolth eclusive use of properties we own. For 43 months i wasnt even able to stay in the house i was givin exclusive use of because she didnt drop the keys off to her attorney where i was ordered to be able to pick them up. i finally decided to just come a knock out a windows and have the doors re keyed. when i got in i saws stuff that belonged to our company that she was ordered to return to the company office by the judge. there were checks there that she had been holding for months even though she new the company had no money, the credit card machine brand new credit cards she had ordered for her self and our adult children. while there my satep daughter and wife showed up and attacked me which ended up with her in jail for assult we filmed the whole thing. she has sabotaged everything from stealing the money taking the company trailers, transfering the cars to her father maxing out the credit cards to ruin my credit which is or was the companys only credit, forwarding my mail ( or return to sender company went out of business) shuting off the company gas cards ext. My attorney has not done one thing about it what so ever. Ive paid him over 30,000 and owe him 10,000 now. the judge ordered all the propertys to be listed for sale. Every time there is a offer my wife dosnt except it and i cant do anything about it. You know the story. How long can she get away with this before a judge can see this a pure sabotage? PS my attoryney wont even return my calls anymore.
Submitted: 3 years ago.
Category: Family Law
Expert:  socrateaser replied 3 years ago.
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.

NOTICE: My goal here is to educate others about the law. I am always available to answer your follow-up questions after you click Accept – however, if you do not click Accept, the website gets paid, and I receive nothing. This is true, even if you are on a subscription plan. So please click Accept, so that I will be able to continue to provide this service for others in the future.

socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 34175
Experience: Retired (mostly)
socrateaser and 5 other Family Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney
 
 
 

Related Family Law Questions