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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27692
Experience:  Attorney with experience in family law.
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My wife and I are getting a divorce and we have as much debt

Customer Question

My wife and I are getting a divorce and we have as much debt as assets we have sold land and machinery to pay it off but she won't agree to anything else and her and her attorney just keep dragging it out and now the land is going into foreclosure tomorrow can anything be done to them as punishment and to make them get this over we are paying $250 a day in interest and can't even get them to talk to me
Submitted: 5 months ago.
Category: Family Law
Expert:  Lucy, Esq. replied 5 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that you're having so much trouble.

The lawyer is only representing your wife's wishes, which is his job. It is pretty common for one party to want to sue the other's lawyer in a divorce case, but that's unfortunately not allowed most of the time. When a lawyer is doing what he's supposed to be doing, the opposing party is usually not going to be happy with him. Also, he's your wife's agent - he's acting on her behalf, but she's ultimately responsible for her lawyer's behavior. So there isn't any sort of separate cause of action against the lawyer.

If your wife is not willing to even considering trying to settle the issues in your divorce, you can go ahead and file a Motion for Trial, explaining to the judge that you're not going to be able to reach an agreement and that you'd like him to divide the assets and debts. After the trial, the judge can order that all assets be sold to pay the marital debts, whether she likes it or not. If they try to object or continue, you'll be able to use the amounts of interest you're paying as a reason the case should NOT be continued. You can even ask that your wife single-handledly bear the costs of delay. But to do that, you have to ask for a trial first.

Another option is to file a Motion to Sell Property Pending Trial, explaining to the judge which assets need to be sold and why. You can argue that paying such high daily interest is only eating up the value of the marital assets and that your wife is therefore dissipating marital property by stalling, which she should not be allowed to do. It's not likely that you'd be able to get a motion approved before the foreclosure scheduled tomorrow, though. The judge will want to hold a hearing to determine the best course of action. But you can use your wife's refusal to sell property and the fact of the foreclosure to show that she's throwing away marital funds.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Expert:  Lucy, Esq. replied 5 months ago.

Did you have any more questions about this?

Customer: replied 5 months ago.
How do I request a trial? I can't afford a attorney in this matter but I do not know how to do anything myself
Expert:  Lucy, Esq. replied 5 months ago.

A Motion for Trial is just a typed document where you explain to the judge that you'd like to have a hearing because you don't think the case will settle. You don't need a lot of information. If you look at any document your wife's lawyer has filed, you'll find the basic header you can use. You'll also find something called a Certificate of Service, and you can copy that format to put at the end. Sometimes, if you call the clerk of the court, they'll tell you what dates the judge has available and you can request specific dates in your motion.

When it's finished, you sign it, send the original to the clerk's office, and mail a copy to the other party's attorney.

Customer: replied 5 months ago.
She would be responsible for any debt we accused while we were married regardless of if her name was on it or not correct
Expert:  Lucy, Esq. replied 5 months ago.

The default is that you're equally responsible for unsecured debt accumulated during the marriage. Secured debts like an auto loan or mortgage usually follow whoever is getting that particular asset, although the judge has discretion to order them to share it.

Customer: replied 5 months ago.
A loan that I took from my parents but never had her sign it would still be half hers correct
Expert:  Lucy, Esq. replied 5 months ago.

Loans from family members tend to complicate things. Too often, judges see gifts from parents that turn into loans only when a marriage fails, so they tend to treat those transactions with more suspicion. But if you can prove that your parents loaned the money to both of you and you both benefited from the funds, she can be ordered to repay half. Note that the judge can consider how likely your parents are to forgive your share of the debt when making that decision. If you have proof of making regular payments to them, that could help your case.

Customer: replied 5 months ago.
They actually took a loan out at the bank for us in the amount of $1000000. The banker knows the reason for the loan.
Expert:  Lucy, Esq. replied 5 months ago.

Then yes, she'll need to repay half of that.

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