Hi - my name is XXXXX XXXXX X'm a litigation attorney here to assist you.
The best thing he could do is file a motion for contempt against her for violating the judge's order/divorce decree. The judge can order her to pay him his portion of the proceeds and can also fine or even jail her for failing to comply with the order.
If she forged his name, it is certainly a crime, but as you've been told, there's not enough blood, drugs or guns involved for the police to charge her. Thus, you'd be left to a civil case against her. It's easier, quicker and cheaper to file a motion for contempt instead of filing a new lawsuit.
Yes, a divorce attorney can file a motion for contempt with the court. You can seek attorney's fees, but that is up to the judge - he/she can grant or refuse to award them.
You can file criminal charges if she forged his name on the vehicle title and the bill of sale, etc.
I think I may have confused you. You don't need the divorce attorney to file criminal charges; you don't even need the police. You can go to the court clerk's office and file charges yourself. You don't need a lawyer for that - there will be a state prosecutor who will bring the charges against her on your behalf.
You need a divorce attorney if you want to file contempt charges.
You're much better off to go the civil route because you already have a court case filed, you can seek the amount due, plus interest, plus attorney's fees.
If you go the criminal route, the prosecutor will likely cut a deal with her, she won't spend any time in jail, and only pay you restitution - no interest or attorney's fees.
I could therefore technically file both suits,since the criminal suit would not be of any financial expense.
The civil would be with the expectation she would have to pay for restitution as well as expenses.
Filing both might freak her out more too. Having a criminal case to deal with is much more of a threat than a civil suit.No?
Yes, you can file both civil and criminal charges. The criminal case won't cost you, but the civil charges will as you'll have to pay your attorney - the court can order her to reimburse her for these expenses in its discretion.
A criminal case is worse because jail time is possible - as well as a criminal record.
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