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TJ, Esq.
TJ, Esq., Attorney
Category: Family Law
Satisfied Customers: 12039
Experience:  JD, MBA
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Do I have any recourse after my exhusband repeatedly came

Customer Question

Do I have any recourse after my exhusband repeatedly came back and sued for all the money he believed he had "lost" in our divorce. Is this a form of harrassment. he kept suing until I had no money left and lost my new home that I had purchased for our
children?
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
He had a much bigger salary and I was housing our three daughters on a teacher's salary. i could no longer afford to keep fighting him in court.
Expert:  TJ, Esq. replied 1 year ago.
Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.
Did his claims have any legal merit? Were his claims all thrown out, or did he win any of them?
Customer: replied 1 year ago.
He never took them to court because I just gave him what he wanted. I could no longer afford legal counsel, he had taken me back to court so many times, I had no funds left. The lawyers I consulted at the time told me to
"give him whatever it takes to get rid of him".
Customer: replied 1 year ago.
He is an abuser, and that is why I filed for divorce. He was abusing me and our daughters, by intimidation, physical threats, reckless driving, yelling and screaming at us endlessly, and all he wanted was money. I needed to be away from him, with my daughters.
Customer: replied 1 year ago.
He weighed three hundred and fifty pounds, and he used his weight to threaten me, he would yell and scream at the girls, also. I got the house, which I had to sell because couldn't afford to maintain it, and he got the stocks and IRA. He later lost the money in the stock market,so he came back and sued for what he lost, long after the divorce was final. that time he got half of my teacher's retirement,
Expert:  TJ, Esq. replied 1 year ago.
Hi again.
Unfortunately, you have an uphill battle if you sue and argue that your husband harassed you with frivolous lawsuits. At the least, the fact that you settled seems to indicate that you thought they may have had merit. I'm not saying that is your true belief, but it would certainly be argued that way by your ex. Moreover, in order to hold somebody accountable for filing frivolous lawsuits, they must generally be deemed as frivolous by the presiding judge when they are argued in court. Since those cases are dismissed, you can no longer make that argument. You can, however, file a separate lawsuit arguing "abuse of process," which is a claim that your ex used the legal system to harass you. You'd have the burden of proving that the lawsuits were filed in bad faith and that they lacked merit. It's a difficult standard, but certainly possible depending on the facts. My suggestion would be to retain a local attorney to pursue this. While you can sue on your own, I think it would be very difficult for you to win the lawsuit on your own. It's not a small claims type of action ... it would be a very complicated case.
Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.
Customer: replied 1 year ago.
Yes, you are right about the fact that I settled, his lawyer is a very well known and high powered attorney in Providence , Rhode Island..practically the embodiment of the cliche' about lawyers all playing golf with the judges No offense meant.. My husband had the money to spend, and I was a teacher in our small community, so he used that, because I was well known as a teacher, and he was doing his best to embarrass me by having summons delivered to the school, and more things of that nature. I had an impeccable reputation, and he wanted to ruin that....isn't that a sort of blackmail?
Customer: replied 1 year ago.
Believe me, there was nothing at all improper going on in my life. I had no time for anything except for work and raising three girls. He traveled all the time, so I was mostly on my own, He is just a vindictive person.
Customer: replied 1 year ago.
And he was using the threat od ruining my good name in any way he could to keep him quiet by paying in these lawsuits. it is a very small town.
Expert:  TJ, Esq. replied 1 year ago.
Hello again.
It certainly sounds like your ex is a piece of work. If the lawsuits were frivolous, and he was merely trying to harass you and embarrass you because you are a teacher, then you can certainly sue for abuse of process, as I mentioned. That is the best route to take based upon the facts that you shared.