divorce

What is the name of your state? Indiana

In 2002 my hope to be soon exhusband was released from prison for the sale of drugs...that was in June. I had told him we could try as l;ong as he gave up the drug and beer. No success he was even worse than before, and he was on 4 year probabtion also. I tried to explain that if he got caught again it would be just really bad cause he had already cost us everything we had from before. He wouldn't listen so me and my grandson (whom I have custody of ) left and moved in with a girlfriend and her family
Well after I left he said he would straighten up. But I agreed to come down on weekends until he showed improvement. It seemed to be working. One weekend my grandson and I decided to come down on a Thursday night. I didn't tell my husband I was coming. I arrived around 4:30 in the evening, his brother was there and said my husband was probably out with the boys, well I figured he'd be home around 9 or 10 pm. At 10pm I put my grandson to bed and I guess I finally went around 11pm, Somewhere around 3:30 am voices woke me, I figured it was my husband and his brother talking. I get and go to the living room to find my husband and his girlfriend drunker than I don't know what and smoking crank. We I went off!! They left he said he would be back as soon as he took her back to town. We left at 10am the next morning and he still wasn't home. This was somewhere around the last of Novemeber 2002. In March 2003 I received my tax check and took $600.00 to lawyer to file for divorce. She tookmy case my said that I would of been better off if I'd filed in November. I tried to explain if she would of files for me until I got the money I would of but, that until my tax check came in I had no money. I have only been a temporary worker for 13 years because of raising my grandson.
Anyhow I filed and we had our 1st court date. I had told her I want maintenence because I had no where to live or a steady job. She told the judge I wanted $50.00 a week maintenence . My husband had earlier agreed to pay me $9000.00 at $100.00 every other week. So woohoo I have a $150.00 one week to live on and $50.00 the next. I asked her why she only asked for $50.00 and she said that , that was all I could of probably gotten since I'm not retarded or crippled. Okay so I let it go figured she new what she was doing and that in the long run every thing would be alright except that I have to bum off of my girlfriend and her family. Not to mention the $150.0o a month that I have to pay to the orthadontist for my grandsons braces. Or the $200.00 a month car payment I had. But I continued to work my parttime jobs and look for a fulltime one also.

2nd appearence in court my husband tell the judge that our property is located in a flood plain and he doesn'tfeelthat it's worth the $9000.00 that he'spaying for it. Well it's a flood fringe not a flood plain and we have lived there 13 years and never got flooded out. So now I'm suppose to pay for a appraisal on the property. Well I refuse, I can't stretch anymore money from anywhere else, plus I have a notorized contract that he has signed so I figure I'm fairly clear. I've had considerable amount of repair on my car so I asked for $1300.00 and show the repair bills. Well now he decides to hires himself an attorney so it's put off another month.

3rd timeback in court go through most of all the same questions again, my attnorney has submit a form tohis place of work for earning and retirment and 401k but only receives earnings and retirment from before in went to prison ( his work gave him a leave of absence for prison. Also I got rear ended in December I think which totalled my car. The repai was $6600.00 and it had such high milage on it they only gave me $3200.00. Well at the time I received the check I clled my husband and told him the ammount , I even asked him to take my car so I could take the check and get a better car. He said he didn't want the car.
Well the car blew a head gasket about 2 weeks later and now cost $1100.00 to repair. I have taken the insurance check for bills, food, alittle christmas for my grandson but now his attnorey tells the judge that my husband knew that I received a Ins. check from a wreck I had but doesn't not know the amount or where the money went. So okay here we postponed again.

Next week I am suppose to finally get to the final hearing. On Wednesday I went to talk to my lawyer about what I want to do. I really don't even know why she bothers asking what I want isn't ever done.
She tells me I don't have avery good case because I left in Nov. and didn't file till March. She says the judge can over throw the written contract that we have on the property, while I'm there she hands mr the property appraisal that my husbands attnorney sends her. Well it was all lies. I appraiser said that we had 2 differnt trailer joined together to make 1, that the trailer had 1 and 1/2 bath but 1 didn't work.and since the call for trailer was very little he would apraise the property at $9500.00.
I explained to her that that paper was faud and none of it was true. And I can produce documents to prove it. I asked if we could file faud charges but she says no.
The next day I call the realitor and asked him where he got the information that he had put on the appraisal. He said he was in the trailer and my husband had given the info to him. I told him I thought an appraisal was something you had facts to and gave a fair price on. Other wise all he did was write down what my husband told him and never new it was true or false. I also asked him if he knew that the apprasial was going to be used in court and he said no. He also said he;d better not answer anymore of my questions.
Oh yes another thing I wanted to mention is that back in March I filed a temporary restraining order so that my husband could not get rid of any of the prooerty we owned until court was settled.
He has taken a bulldozer to the house and bull dozied the garage, the pool table that was in the garage, the new dog pen that wasn't a year old, and god know what all. The curtain and blinds that I had asked for but that he refused to giveme has been taken down and thrown away and that is all I know about.
Anyhow my pont is I brought it to the attention of my attnorey and said I wanted to file contemp because he voilated the restraining order ans she said I couldn't because the restraining order did not mention disposing of things.
When I got home I looked up my copy of the restraining order and it does that he's not allow to dispose of any property. Well I try to call her back, leave messages for her to call, but still no return call.
So in todays mail I receive a copy of the revised list of what I want that she sent tomy husbands lawyer. What I told her I would settle for is that he stand by the orginal contract on the ground, pay me the $1300.00 that I have paid on car repair, so that I can get another car( since I no longer have one), the 4wheeler that was orginally purchased formy grandson but we couldn't put it in his name because he wasn't 16. And of course I added have him pay my attnorey feesand the $50.00 maintence until the end of the year.
She put in the agreement that I received today that my husband could pay $50.00 a week until he got the $1300.00 paid and nothing about maintence. I've called and called but she won't return my call and I'm totalled pissed. I asked her secretary as to why my lawyer makes it so easy formy husband to get whatever he wants and I don't get a darn thing.
Please if anyone know what I can leagally do please giveme a answer before I blow a gasket. I don't have any money to hire another attnorey and I also might add that the one I have is also a deputy district attnorey.

[Jeter]

So in other words you want to :

A- Win a judgement against your husband for what you feel is fair, without the benefit of counsel

AND

B- Simultaneously represent yourself against your own attorney, who just happens to be the deputy D.A.

All without legal representation, but based solely upon advice from this forum

I think you should start by checking out this website

[url]http://www.miraclestudies.net/[/url]

Well I really want your thought on the matter. Do you think this is correct ? I just want someone to help me I guess think what I'm to do. This doesn't seem fair to me that my husband is getting by with stuff that he shouldn't be and my lawyer don't even know what she wrote.
Isn't give the court a appraisal that is not true and is just a bunch of lies....fraud?
Isn't breaking a restraining order.contempt of court?

[Jeter]

I understand what you're saying and if you want my opinion I would say it usually isn't fair. Your husband probably feels the same way. I do feel for you and I'm sorry this happened. If that's what you're looking for I can tell you that.

However, the law isn't based upon what you know. It's based upon what you can prove. In order to prove these allegations you must go through due process and in order to do that you must either know and properly execute legal procedure or have an attorney represent you.

Being that you aren't happy with your current representation and you do not want to pursue further representation I believe that you will have a hard time gaining anything other than a sympathetic "ear".

I basically want to know if my understanding of the law of Indiana is correct