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socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 38910
Experience:  Retired (mostly)
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i have been going through a divorce for 2 years now. My wife

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i have been going through a divorce for 2 years now. My wife filed, we have alot of property and cars. every thing has been a fight in court and when ever there is a settlemenmt she declines because of something stupid like a office stapler she can not find. My wife is determind top make shur i lose everything even if it means losing it her self. There is judes orders and my wife has violated them all completly.....she followed none of them. The judge gave us bolth eclusive use of properties we own. For 43 months i wasnt even able to stay in the house i was givin exclusive use of because she didnt drop the keys off to her attorney where i was ordered to be able to pick them up. i finally decided to just come a knock out a windows and have the doors re keyed. when i got in i saws stuff that belonged to our company that she was ordered to return to the company office by the judge. there were checks there that she had been holding for months even though she new the company had no money, the credit card machine brand new credit cards she had ordered for her self and our adult children. while there my satep daughter and wife showed up and attacked me which ended up with her in jail for assult we filmed the whole thing. she has sabotaged everything from stealing the money taking the company trailers, transfering the cars to her father maxing out the credit cards to ruin my credit which is or was the companys only credit, forwarding my mail ( or return to sender company went out of business) shuting off the company gas cards ext. My attorney has not done one thing about it what so ever. Ive paid him over 30,000 and owe him 10,000 now. the judge ordered all the propertys to be listed for sale. Every time there is a offer my wife dosnt except it and i cant do anything about it. You know the story. How long can she get away with this before a judge can see this a pure sabotage? PS my attoryney wont even return my calls anymore.
Under the California Family Code 1101(h), a spouse who can prove that the other spouse has willfully spoiled or concealed community property (through use of "oppression, fraud or malice"), can obtain a judgment from the court providing credit for 100% of the amount of assets spoiled or concealed -- plus attorney's fees necessary to prosecute the action to prove the willful concealment.

However, in order to get this award, the case must be brought to trial. So, if you give up before trial, or fail to permit your attorney to litigate as necessary to obtain evidence of your spouse's bad acts, then the court can't credit you with the award.

As a practical matter, you may or may not have sufficient assets to make this a useful outcome. If not, then the only thing you can really do is get the divorce over with so that you can get away from your spouse's bad acting.

But, if there are sufficient assets, then this is the way to effectively leave your spouse penniless at the end of the divorce. Unfortunately, it's expensive to litigate, so, you have to decide whether or not it's worth the effort. Your attorney may have already decided that it's not -- and so is not returning your calls, because it's a waste of your time and money. You need to sit down and discuss the issue with the attorney. If he/she seems to not know what you're talking about, then you may need a different family law attorney -- and a legal malpractice lawyer to sue your current attorney.

Hope this helps.

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