• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Getting railroaded by my wife and my lwayer, need help fast.

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Darthlighter

Junior Member
What is the name of your state (only U.S. law)? Texas

Long story short. My wife cheated on me during my deployment, took the money I earned out of an account I have, that she still has access to, put it into an account only she had access to(roughly $30k), became emotionally and physically abusive after my return. We got in an argument about the money she took from my account, which lead to her kicking me out of "her house", we where living in a house her father owned. she threatened to call the police and claim abuse if I didn't leave. A few months later my daughter was born, and I requested a paternity test, shortly after we got the results back my wife filed for divorce, we were still separated. she refused me visitation until our temporary hearing, she requested a digital video camera or my laptop computer, both were gifts and she already had a camera and a computer. She also wanted me to have supervised visitation at her residents, she claimed I had no experience with children and that my back injury prevented me from adequately caring for the child. My wife received the camera as a sign of "good faith" my lawyer suggested so that my wife would work with the visitation. I agreed to have supervised visitation at her residents as long as she was not present(do to her abuse towards me) and my mother supervise for 30 days. however my wife's lawyer wrote up the agreement. and nothing I agreed to ended up in the paperwork except the 30 day time frame, my lawyer did nothing to correct it, so my wife had free reign to interrupt my visitation. After the 30 days were up my wife refused to let me have my daughter unless supervised. My lawyer has done nothing to stop this. A few weeks later, my wife suggested trying to reconcile for the children(she has a daughter from a previous marriage). I agreed as long as she did not treat me like she did before and that she got help. A month went by and she started being abusive again. We got in an argument about my employment, and I decided to leave. While I was packing my wife was getting in my face yelling at me, and refused to stop after I asked her several times to get out of my face. After I was done packing and tried to leave the bedroom, she blocked the door, refused to let me by while she continued to yell. I finally got frustrated enough to grab her shoulders and move her just enough to let me by the door. She started yelling at me again, this time claiming I just physically abused her. I put my bags by the front door, returned to the bedroom to get my cell phone to call for a ride, during this time my wife picked up our daughter who was crying(she doesn't like yelling) and returned to getting in my face, yelling again. I asked her several times to get out of my face again, when she said "what are you going to do about it" I tried to sidestep her, in which she slapped me, out of reaction I slapped her back and did not realize it until she said she couldn't believe I "finally" hit her back. I then called for a ride. During or reconciliation my wife revealed that she was put in a mental institution for two weeks after our temporary hearing for attacking her dad. She also revealed that the money she took from the account was given to her father. We had mediation, did not come to an agreement because I refused due to her lying. I found out during mediation that she filed a police report stating I pushed her and beat her the day I left. My lawyer also stated during mediation that she would put my daughter in foster care if it was up to her, because neither my wife nor I deserve her. My lawyer has never listened to me sense I hired her. When I was told to get paperwork for discovery, she refused to request the same from my wife, she refused to get the police report from the day my wife was institutionalized, when my wife threatened my mother with not seeing her granddaughter again if I didn't give in to her, my lawyer refused to speak to my mother, stating "I'm an adult, and I should not need my mother to vouch for me". I have not seen my daughter in over 2 months. My lawyer and I agreed to $1k down and $100 a month, she keeps increasing her rates and refuses to take care of my visitation issues if i don't pay 700 upfront, and 3500 to contest, I've already paid several hundred and not have anything done. I'm on a fixed income and can't afford her increases anymore nor another lawyer because I've already invested everything I could spare for this one. I feel like I'm being walked over by my wife and lawyer. Is there anything I can do so I don't lose my daughter?
 


Isis1

Senior Member
any way you can put some spaces into that? it's really hard to read that whole block. it would help us help you. :)
 

Ohiogal

Queen Bee
YOu left your daughter with your wife who is a fit parent. You thought so at the time. So you want visitation but you don't want to pay your attorney. Why not? Why did you leave your child with your wife when you left?
 

CJane

Senior Member
YOu left your daughter with your wife who is a fit parent. You thought so at the time. So you want visitation but you don't want to pay your attorney. Why not? Why did you leave your child with your wife when you left?
While he did leave the mother with the child the SECOND time, the FIRST time, the child wasn't born yet.

OP, there are serious issues - one, you DID assault your wife the day you left. Two, you agreed to supervised visits, and then attempted to reconcile (often, this "going back" negates any previous claims because the legal folks wonder why you'd go back if it was so bad).

You really need to have a sit-down with your attorney and figure out a concrete game plan, and then stick with it. I get the feeling there's been a LOT of back and forth "I want this."... "No, wait, I want that"... "No, we're getting back together... except we're not..." That's impossible for any attorney to cope with.

Figure out what you want. What you need. What's best for the child. And then STICK TO THAT PLAN until you have a signed order from a judge.
 

Darthlighter

Junior Member
Points well made.
I left my daughter there, because my only thought at the time was to get out before it got physical again, which I failed miserably at.
The only one that is going back and forth, "I want this....no, wait I want this" is my wife", my lawyer is advising to just go along with it because "it will look good to the judge that I'm willing to compromise".
When she asked to reconcile I did discuss it with my lawyer and expressed my concern, my lawyer and family encouraged the reconciliation and after due consideration, I came to the decision because of the girls. At the time I thought, with my wife going to therapy and both of us going to marriage counseling It was the least I could do for the girls.
I have no problem paying my lawyer, the original cost was $5k, I've now paid over $10k and she is demanding more up front to help enforce my visitation and go to the final hearing. She attended my temporary hearing and mediated that (about 2hrs), she advised me about the two above issues in her office (30min together), and attended the court ordered mediation which lasted less then an hour. I understand there maybe somethings she does in her office, but at $45/hr I don't see how it got up to $10k. I know I originally got a good deal on cost which is why I stuck with this lawyer.
My wife recently sent an E-mail stating that she wants to get along for the girls and call a "truce", but still refuses to let me see my daughter and has told her older daughter that My family and I don't want anything to do with her.
 

mistoffolees

Senior Member
I have no problem paying my lawyer, the original cost was $5k, I've now paid over $10k and she is demanding more up front to help enforce my visitation and go to the final hearing. She attended my temporary hearing and mediated that (about 2hrs), she advised me about the two above issues in her office (30min together), and attended the court ordered mediation which lasted less then an hour. I understand there maybe somethings she does in her office, but at $45/hr I don't see how it got up to $10k. I know I originally got a good deal on cost which is why I stuck with this lawyer.
It's extremely unlikely that you have a deal for $5 K which was supposed to cover everything. I don't know any attorney who would give a fixed price for a divorce that would cover the expense no matter how many challenges or issues that came up.

Furthermore, I can't believe you're paying an attorney $45 per hour. If you are, you have absolutely no room to complain.

I'd suggest that you go back and agree the representation agreement you probably signed when you took the attorney on.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top