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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118200
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I live in TN, I divorced feb 8, 2008 and my ex husband

Customer Question

I live in TN, I divorced feb 8, 2008 and my ex husband received probation from a federal court for possession of unregistered explosives he stole from the military. he was not kicked out of the military, it was kept quiet. now, years later, I recently have been informed that in april 2009 he had 3 probation violations because he was busted buying drugs from a cop in a prostitution sting (he was buying a prostitute, as well) we were constantly in court during that time period because he broke into my home, would not obey protective order, etc. no one ever did anything except make deals between attorneys and I once even was even told by my attorney that I have a "lifetime restraining order" which I know is bogus. Today, my ex has honorably retired from the military and receives full benefits including 40% disability and refused to give our only son his GI BIll. He signed an agreement in November 2014 that he is supposed to keep all military benefits (insurance) open to our son including the GI Bill and not even attempt to contact my son or myself from that day forward and in return was not required to pay any more child support. He had visitation of our son during the time of his probation violations and I want to know why this was never reported to the chancery court because he beat my child once and the local judge did nothing. I am currently on disability due to mental disorders which my doctors feel were caused by his abuse
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

I am sorry, I do not understand what your specific question is for us regarding this matter? It was up to your attorney to raise any issues that he felt would be relevant to your claims before the court, but I do not understand your question here can you explain?

Customer: replied 1 year ago.
I sent an email to my good friend who is a retired TN Admin Law Judge. I want to know if my ex husband's criminal charges should have been made known to me by his attorney?
Customer: replied 1 year ago.
if there is any requirement for his PO to report to judge b/c he had visitation with a minor child
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

Your ex's criminal charges would not change the outcome of the divorce or property division, so it really is not a relevant issue here and his attorney was not obligated to disclose it to the court. As far as telling you, his attorney has no duty at all to tell you this, the only possible duty would be to disclose it to the court if it were relevant to the issues before the court.

As far as him not being able to be around the minor, any abuse of the minor would be relevant to the court making a determination as to what type of custodial rights he should have and it was up to your attorney to raise this issue to the court, not to the PO to report this to the court.

Customer: replied 1 year ago.
That is not what I am asking I know that it would not affect the outcome of the divorce b/c the divorce was already over I think that is obvious b/c I put the dates in the question. We were in court month after month it seems his attorney should have been required to report this at lease on the list of questions he was sent before we made the final agreement in hopes he would leave me alone b/c he kept stalking and harassing me and the judge would do nothing about it.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply, that is why I asked you to please clarify what you were asking, because while it may be very clear to you as someone who knows the details of your case intimately, I do not know any details and you need to be very specific with us in this forum so we know exactly what you are getting at.

His attorney does not owe you any duty at all, he is your ex's attorney. If you asked this in interrogatories to your husband during discover, then your husband had to disclose it. However, there is no duty to disclose this information unless you specifically asked for it during discovery. If you did ask for the information in discovery and they refused to provide the information then that is grounds to go to the court to ask for sanctions against him for the failure to comply with discovery and for not disclosing the information.