daycounter
New
Reged: 11/07/08
Posts: 3
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After a very traumatic Fall last year, my spouse and I committed to the "perfect marriage" this year, but I realized by the end of March I had to get out. He was not receptive to the idea though he often told me he wanted me out of his life. By July, my fear of a repeat of last Fall's events was so severe, I took what money I could, found a temporary residence, and retained a lawyer. By September, I was out of money, had not actively pursued case for many reasons, and spouse insisted I move back home refusing to give me money for lodging. I began to feel desperate again and was losing hope quickly when I found another attorney. My spouse talks a good game when it comes to settlement but never follows up. The new law firm does not think I should accept his current offer anyway without knowing what I am really supposed to receive since spouse is not revealing information regarding our company, using bank accounts I do not have access to, and frequently cashing checks without depositing them. I just want out so badly because living with him has become pure misery. His mood and behavior changes dramatically often several times in one day. I feel trapped in a cage going nowhere fast knowing I have to start from scratch now once I am out but unable to even start under my current living conditions. He controls every dollar now, and that is frustrating, humiliating, and not going well as far as getting bills paid on time and so on. The attorney suggested having him removed from the house for now while they pursue discovery. I am scared to death of this happening because I know he will be extremely angry with me and fear not knowing how he would respond. Plus, the firm wants me to sign over for guarantee of payment an account my spouse has agreed to release to me in our separation. I have heard when property or accounts have been signed over to this firm in the past or payment of services you can just kiss them good bye. I cannot afford that regardless of whether their efforts at discovery are successful because I am fearful my spouse will attempt not to honor support payments requiring me to have money tucked away (like the above mentioned account) to survive n case I have to try to enforce payments at some point. Plus, I planned on using the money from that account for payment of our debts in my name and moving somewhere else. I know they are right that he probably should be offering more in support, but he is crafty. The cost and time discovery will bring just doesn't seem worth it... especially if he has to move out instead of me during this time. However, it is clear to me now that, once again, he has no intention of getting the paperwork done this week for his last offer regarding support even though it is finally an amount I think I can get by on. I am so frustrated and unsure what to do. I am afraid I will have to follow this law firm's request regarding securing payment and pursuing the truth about our finances. I do not think they will get the whole story with our finances. Though I would be relieved not to have to live with him, I know any amicable efforts for resolving this will be out the window if not make things worse for me personally in the meantime should he be removed from our residence. The current financial obligations, the salvaging of any part of our relationship, the fear of retribution from him, the time/cost for discovery... I am a bundle of nerves. But, what else can I do if he continues to refuse to honor our verbal agreement? I do not know how much longer I can tolerate his daily treatment of me but am very apprehensive about the options presented to me by the new law firm this week. Your suggestions are greatly appreciated.
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mrpat
Platinum
 
Reged: 09/12/07
Posts: 2935
Loc: Coaching
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When you are not comfortable with a firm it's best to seek another. They are not the only one in your area and most of us sought advise from many before choosing.
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daycounter
New
Reged: 11/07/08
Posts: 3
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Thank you for your reply. I just don't think I have that option anymore. Out of all the firms I met with, I felt lucky when I found an attorney willing to take my case with only partial payment of a $3500 retainer because all the other firms required I pay $7500-$10000 just to retain them based on my case. I did not have access to that amount of money with my spouse controlling all the money by that point. When the first lawyer changed her mind about representing me, I maxed out what was left of my credit for, again, less than the $3500 retainer the new firm wanted. In both cases, the consults went well. Then, the scenario changed after I signed on. I am absolutely broke now and do not know how to go about possibly finding another attorney when I have already paid out over $3000 to get nowhere with nothing left for anyone else. I guess I should have asked more questions, but I am not sure any question could have helped me decide against either of the two firms I have tried so far. Plus, it is November... I filed in July. I feel like trying to see the commissioner/judge assigned to my case and asking her what on earth I should do. The whole thing stinks, but I appreciate your suggestion and know it is wise but difficult, if not impossible, for me at this point.
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ILMom
Gold
Reged: 12/03/07
Posts: 158
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You know better than anyone else whether discovery will lead to anything good. I had the same thoughts- pursue discovery or just offer him settlements without knowing everything. I spent $40K on my case and we didn't go to trial. My situation was similar to yours in that I had a non-cooperating ex.
There are ways to get access to financial information without his help in that you can subpoena the information directly. You may not get all the information you need but you should get enough to have a good idea how much money tehre is. I subpoenaed his credit cards, checking and savings accounts. I was lucky in that I already had access to the tax information since I am the one who did the taxes.
Are you currently working? The last thing you want to do is move back in with him. you sound so full of fear. Why haven't you pursued a restraining order. Is it for lack of concrete proof?
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missy8632
Bronze
Reged: 07/27/08
Posts: 27
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One step at a time!
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