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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11806
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am researching - doubt

Customer Question

I am researching - doubt
Submitted: 1 year ago.
Category: Family Law
Expert:  JD 1992 replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

I read your facts, is there a specific question with which I could assist?

Customer: replied 1 year ago.
I filed for divorce in Dallas b/c my father does not want to be involved. - In May 2011 daughter decided she wanted to attend law school. I vehemently protested if costing me money. Licensed attorney myself in 2007 and law firm open about 2 years when daughter makes decision. Daughter is CPA and worked two (2) years before deciding to go to law school. I did not have funds to pay and informed both we could not afford -therein, despite lack of funds wife decided to make herself administrator of law firm. I worked ass off to pay bills and caught numerous grievances - one from district judge b/c she did not take care of business. Non suited - I have proof that daughter and wife combined lawfirm and personal tax returns without my knowledge to conceal monies spent sending daughter to law school. Wife's attorney filed second amended petition for divorce on Nov 2 claiming civil conspiracy against father self. Her attorney claiming father served with second amended b/c I filed motion to quash subpoena for his financial records. My father wrote her attorney after I filed motion to quash (of course he does not mention in petition) and provided all records relevant to demonstrate that trust is pass through and only daughter will receive money from estate if I pass before parents. I have congestive heart disease and spent last year in Mexico closing down law practice. I continue to file civil lawsuits for due process violations but limited ability to travel and only income that I receive comes from small dividend and SS disability. Wife receiving spousal support from retirement account that father manages to pay for her attorney, living expense, daughter's health insurance and car insurance. Daughter is now buying house and has no plans to return funds expended. In second amended petition wife's attorney is attempting to serve father using me as attorney. Wife's attorney claims that I disappeared and father concealed evidence. I would not submit to deposition because wife has yet to produce discovery to show her bad acts - I have lived frugally for last two years and did not retain counsel avoiding expense. Wife's attorney claims to have served me with petition on Nov. 2 and trial on Dec. 1 & 2. - I hated to let this go but health kept me in bed until last week - I think the second amended will get his attention. I told him what is happening, but he does not want to hurt granddaughter. My amended petition will be brutal for wife and daughter, but had to let this ride until father could see the deviousness of wife and granddaughter's actions. As I have not received discovery from her attorney - I am comtemplating best approach to postpone trial and move the case to Gray County. Father 88 years old and takes care of Mother with Alzeihmer's disease. Live in Mexico so mail with amended petition just received - father received notice about trial but not petition - I need to show father was not properly served, transfer venue, continue, and of course file my amended petition. Ideas?
Expert:  JD 1992 replied 1 year ago.

I read your facts, but I'm still not sure exactly what you are asking. Can you be a little more specific, not as to facts but just as to the question with which you need assistance.

Expert:  JD 1992 replied 1 year ago.

I'm sorry, I don't do telephone calls.

Expert:  JD 1992 replied 1 year ago.

I can opt out if you prefer and someone else may pick up that does them

Expert:  JD 1992 replied 1 year ago.

However, this is the kind of question that we should be able to easily answer in this format, once I am sure what you are asking.

Expert:  Irwin Law replied 1 year ago.

I am willing to discuss your situation through direct phone contact. However, there seems to be a problem with your payment. You may wish to contact customer service.

Customer: replied 1 year ago.
I am seeking advice as to how to proceed with divorce action - I filed for divorce in 2013 while living in Dallas. I left my house after realizing that wife and daughter were embezzling money from law firm. My wife was "administrator" of my law firm to conceal fact she was embezzling funds from my law firm accounts to pay for daughter's law school. She and daughter (CPA) filed 2012 & 2013 income tax returns for law firm without my knowledge. My dad has large estate that is in trust which is bypass - daughter will receive percentatge but wifes will not unless husband passes before parents. My dad refuses to beleive any of this as wife and daughter have misrepresented facts and made claims to repay money expended. Wife was killing with work and took me while to figure out what occurred, so I filed for divorce in Dallas to avoid publicity (small town) - wife's attorney answered including father as co-counter respondent. I filed answer answer with amended petition b/c claims against father generic. Also, I did not want to crush daughter and hoped wife would realize damage to her future. Wife's attorney served me and my father with volumanous discovery requests dating back (30) years - I filed motion to quash subpoena as requests for information ridiculous. Father did not heed advice and sent letter to wife's attorney agreeing to provide discovery. Wife's attorney received production that he requested. I requested information and have not received. On november 2, 2015, hearing for spousal support and attorney's fees, I did not receive b/c wife's attorney using old mail address. I was on bed rest for approximately 3/4 weeks and did not attend hearing. After hearing wife's attorney filed second amended counter petition for divorce claiming civil conspiracy and adding counts of slander seeking money judgement from both self and father. The estate is in Gray County. I have lived in Mex. for almost year. I keep El Paso mailing address. My father received letter about the trial on Dec. 1 & 2 but was not served second amended petition other than saying through attorney of record. I did not receive until last week but have yet to reply - Question? Father needs attorney, but to handle answer - i need to show now properly served. Transfer venue - and continue - ideas?
Expert:  JD 1992 replied 1 year ago.

Did you desire to have the other expert assist via a telephone call or did you want to continue in this format? Please let me know so that we know how to continue.

Expert:  JD 1992 replied 1 year ago.

Also, I need to know if you have filed anything in the case yet.

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