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I'm currently going through a divorce and just changed

Hi There. I'm currently...

Hi There. I'm currently going through a divorce and just changed attorneys. What complicates my case a bit, is that my husband (son to be ex) was arrested in 2017 and is facing 15 years in prison.

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

My divorce attorney was going after the criminal side to try to show that he has no moral turpitude. My new attorney is questioning why he suppeoned all of these people who are part of the criminal case and have nothing to do with the matrimonial part.

Lawyer's Assistant: Family law varies by state. What state are you in?

Papers were filed with the court in October 2016. I have spent over 70K on this divorce. I am in no better a position than I was.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Outside of the fact that he has acknowledged to me that things are no better than we started and I have an email from him saying, I have never seen anything like this. I almost feel as if he wanted me to fire him and that he was out of his league.

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Answered in 1 minute by:
3/17/2018
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 33,354
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Customer reply replied 6 months ago
I am in NY

Yes, your new attorney is correct. It needs to be known how these people are even relevant to the divorce and why they need to be called to testify. I say this because if the divorce was contested, the evidence and/or witnesses presented would need to be relevant to whatever the pending issues and matters are. Even if it was shown he has no moral turpitude, he would have needed to show how/why this may entitle you to something or more of something, when dividing the marital assets or debts.

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Customer reply replied 6 months ago
I would prefer not to spend the additional amount for a call.

No problem.

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I shared my response above. Did you see it?

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Customer reply replied 6 months ago
what kind of attorney do I reach out to if I want to sue him for gross negligence?

Yes, your new attorney is correct. It needs to be known how these people are even relevant to the divorce and why they need to be called to testify. I say this because if the divorce was contested, the evidence and/or witnesses presented would need to be relevant to whatever the pending issues and matters are. Even if it was shown he has no moral turpitude, he would have needed to show how/why this may entitle you to something or more of something, when dividing the marital assets or debts.

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You would go after the attorney for malpractice and breach of contract, so you would want an attorney who handles malpractice claims. You can also file a complaint with the Bar against him if he took the case and did not know what he was doing.

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Customer reply replied 6 months ago
Ok, thank you.

You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 33,354
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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