Family Law Questions? Ask a Family Lawyer Online.
I have no idea of correct format, no time to research that either as this is urgent. My ex. would have received the notice about two days before me at least, as he had no attorney. Could you recommend a resource that would help me see how to format notices, motions, etc? It is not that I would not love an attorney, but I have been advised I will have to likely go out of the area and pay a lot of money.
They have in the past indicated that since the attorney was on record there were certain things I could not view pr they had to deal with the attorney directly. Yet, I have also been told due to the passage of time that was not the case. Still, whenever there, invariably there is something where I am told it would have to be the attorney. My ex. then is advantaged as he can view thing as he has been pro se for a while, but his lawyer entered that into the record. My lawyer has not entered that into the record. I asked someone at the courthouse to please indicate in the record that my attorney no longer represents me, not to mail stuff to him, and to mail it to me. Still, this letter was mailed to my attorney and presumably to my ex., based on the letter as he has no attorney, and he therefore would have received it before me. What do I need to do to make sure they enter into the record I am pro se, at least until I can find an attorney?
Is there a text book or something that would just give an example of a motion. My attorney wants a letter, but I think he abandoned me. He only generically named the pension, meaning a marital share of Company Xs pension in the decree, my ex. marked up a draft QDRO that greatly modifies the divorce decree, so he knows there are problems. The plan was not frozen, and nothing was written in the decree that really wraps up the house. He said he won't help with any of that, and requested I write him a letter telling him he was no longer my lawyer. I want to write to the court, since it has been so long anyways. He has not done anything for me other than forward this letter in well over a year.
Also, I need something rather quick, as I need them to be willing to pass exhibits to me.
Before they pass them to him.
Basically, things are screwed up, and I needed his help. He copped out, I did not fire him.
My immediate problem is getting the exhibits before he does. He was able to get away without passing me anything that was agreed upon, as the divorce decree was not worded well, and was vague. I tried but there was no way to get it fixed, as the judge controlled things such as delaying, rescheduling trials, giving him another chance, etc. - then it was beyond 90 days through no fault of my own.
I never did sign the divorce decree, and neither did my ex.
He was called deceptive, he was called the most passive aggressive withness in 18 years, he admitted adultury, he was abusive, it was a 24 year marriage. The written law is misleading. There is no attempt to be equitable at all, it is dangerous to even tell people there is. I tell all young people the law is useless, as the decision is made before you get through the court doors, and you are not privy to what the lawyer is going to say when he gets in front of the judge, and you are not free to speak. No matter how hard you try to fix it afterwards, it is beyond your control. I never got to sit with my ex. in a room, with both lawyers before we entered the court room. The letter makes it sound like one person could get the whole thing.
That last sentence referring to the exhibits. I would never had made the decisions I had made in my life had I had any idea that the lawyers decide it all. He did not turn anything over to my lawyer until a couple days before court apparently, and then I was told he could not find something, then it was not a real statement, and he showed up to court without even a paycheck. I did complain about that, but had to be very assertive to even get a copy of a paycheck before child support was calculated. It was a farce. My traditional IRA was counted twice saying I had more money than I did. The pension that was supposed to be shared was not named correctly, but generically. The other information regarding savings was misworded. I cannot imagine it was not deliberate. As there was not even a hint that I cheated, or was abusive to him, and I did work, as well as moved for his job, I am dumbfounded. The lawyer though shares the same last name as someone whom investigates for the AGC so no one will help. I got ZERO of what was awareded, and stuck paying for the mortgage, all expenses for a long time way with no way to compensate as he withdrew funds and bought his own house within weeks of leaving the house. Is there ever an exception to the 90 day rule.
My ex. already withdrew from accounts, and produced a so called "statement" that was not a real statement. Now he has marked up a draft DRO which states if the money is not there I cannot go after subsequent accounts, and incorporated a judgment from money he already withdrew to be transferred from the account that he says if the money is not there I cannot go after accounts, but would have to go after his estate - like after he died. Who needs a lawyer then, that was crazy? You say generally no, when might there be an exception. It was not a problem with a timely answer. I immediately saw the problem, and refused to sign the decree, as did my ex. Then the judge kept postponing to give my ex time to gather up proof he had good reason to withdraw from accounts, which he had been deceptive about so it was not readily apparent at the original trial. It happened too close to trial and the bad info passed on too close to trial to do anything about it.
He was asked to produce that information about a year before trial, then by July, then by October, then by January, and then given another chance until February. By February, it was beyond 90 days, as the decree got signed in October, reserving on marital property. It was signed by the judge. I was told that was the only way to get child support. It was a set up I think.
It was not as if anyone even asked if I would accept 30%. Apparently, if you do not save in your own name, they do not really believe the law that it is all marital property. The problem is, these defense contractors can have money pulled out in many ways. For a while money pulled straight from my ex.'s paycheck to bonds, to a 401-k, and then to a whole other account, and during a time when I made as much money, but did not have those options at my work place. Where could I find the exceptions?
This is why I need the exhibits. Fraud might be grounds even after 90 days I think you are saying. I cannot find a lawyer though who will subpeona. Is there any restriction on the number of times I can call the QDRO administration? I was told that is who I should call, they say I can call them, but one lawyer who said he would be willing to file a QDRO keeps saying he has not called the QDRO administration. Yet I think he should have called them, as the QDRO administration suggested a new subpoena, and indicated there may be a reason all information did not pass during a previous subpoena. My ex. works in HR in a way, and he may not have entered all information. They did not say that though, but indicated all information might not have been entered. Then I found out the accounts were not frozen, and was told he might have withdrawn from the accounts and they could not have stopped him, although they did not say he had actually done that, just that they could not have stopped him.
The only reason a subpoena was issued was because I could see he had to have withdrawn and found out after the trial the statement my lawyer could not find to show me was not a real statement. Also, my IRA balance was counted twice against me.
He said the
He said he did not get the statement until the week before. The last pre-trial hearing was about 10 days before the trial, the previous one the month before that, meaning no time to subpeona and get responses. I was told we could not discuss finances at each, that the master insisted we discuss custody. Yet before that, I was told I would have to give him a chance to see what documents he brought to the pre-trial hearing. In MD, if someone lies in court, and commits fraud, but you did not somehow get the documents by court to show he was lying, then they will admonish the person with words, but tell the other party it was not their fault for getting the proof. Yet, my lawyer told me the judges would not approve a subpoena unless I had proof he was lying or had lied, yet that is the only way to get proof, especially if he does not turn anything over until it is too late to get a response from a subpoena, and withdraws shortly before trial.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).