1) The key here may be to appeal the decision (if still possible and timely) to illustrate that the property was YOUR SEPARATE property to begin with since it was purchased with money that was all originally yours and thus, the property - if it can be traced to the money - may also be seen as yours and not subject to division as part of the marital estate.
2) I would like to see the lower court Judge admonished
You may do so here
. However, this is not recommended until/unless the matter is concluded and/or if the Judge is removed or recuses themselves from the case.file malpractice against my first attorney, the transcripts will speak for themselves in this matter, but in addition, she should be charged for not protecting me and my rights under the America Disabilities Act.
This would fall under a separate suit. The elements of a legal malpractice suit are: (1) an attorney-client relationship; (2) negligence or breach of contract
by the defendant; (3) proximate causation of plaintiff's damages; (4) damages to the plaintiff. Donahue v. Shughart, Thomson & Kilroy, P.C., 900 S.W.2d 624, 626 (Mo. banc 1995)
. ADA does not include special consideration for an attorney's representation, although that can fall under the general legal malpractice suit should you pursue it. File charges against my attorney and her attorney son for theft of over $16,000 of property from my home following the settlement as they gift shopped against the settlement documents.
Because this is a CIVIL matter, the authorities are not going to get involved. Your best bet is to seek an appeal/reconsideration of the original court order. An attorney is recommended. If finances are an issue, I can recommend three resources. First, here is a list of all pro bono work in the state...http://www.abanet.org/legalservices/probono/directory/missouri.html
…and another list:http://www.lawhelp.org
Finally, you may call your local law school and see if they have a legal clinic place available. The legal clinic is a free service the school(s) provide to the community. While they are often overbooked, they have openings sometimes. Here is the list law schools in your state:http://www.hg.org/law-schools-missouri.asp
I hope this helps and clarifies. Good luck.
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