Divorce case possibly mishandled, please help.

[happydivorcee]

What is the name of your state (only U.S. law)? FL

To keep this brief I will post the facts of the case in question. FYI the divorce is still in process, but all paperwork has been done and submitted. Wife was granted a request to delay final judgment so she could continue using my health insurance to cover her supposed cancer. I've since found out that not only does she not have cancer, but she's using the health coverage to get cosmetic procedures done. Enough griping.

1. In the agreement, I was awarded a vehicle that was and always has been titled to me. When I went to recover the vehicle, wife refused to give me the keys. I reported this to my attorney immediately and after three weeks of giving me the run around, I found out that wife sold the vehicle. When I inquired as to how she could have done this legally, I was told that she used a power of attorney form that I my attorney had me sign at her attorney's request.

2. Also agreed upon was the wife to get the marital house, with the contingency that she refinance within 60 days of the agreement. Without verifying this had been done, my attorney had me sign a quit claim deed. Wife now refuses to refinance the house and I have absolutely no recourse.

3. These situations included, wife has violated nearly every term of the agreement from custody to continuing to incur debt in my name. My attorney has done nothing and has advised me that nothing can be done without considerably more expense, even though it states in the agreement that all legal fees incurred from a default of the agreement must be paid by the party that defaults. I have abided by the agreement and paid my legal expenses, but at this point I feel like my attorney is working for the wife.

My question is, would this be considered mishandling or malpractice in the eyes of the law or legal ethics? Do I have ANY recourse in this situation? Any input is appreciated.

 

[Ohiogal]

What is the name of your state (only U.S. law)? FL

To keep this brief I will post the facts of the case in question. FYI the divorce is still in process, but all paperwork has been done and submitted. Wife was granted a request to delay final judgment so she could continue using my health insurance to cover her supposed cancer. I've since found out that not only does she not have cancer, but she's using the health coverage to get cosmetic procedures done. Enough griping.

1. In the agreement, I was awarded a vehicle that was and always has been titled to me. When I went to recover the vehicle, wife refused to give me the keys. I reported this to my attorney immediately and after three weeks of giving me the run around, I found out that wife sold the vehicle. When I inquired as to how she could have done this legally, I was told that she used a power of attorney form that I my attorney had me sign at her attorney's request.

2. Also agreed upon was the wife to get the marital house, with the contingency that she refinance within 60 days of the agreement. Without verifying this had been done, my attorney had me sign a quit claim deed. Wife now refuses to refinance the house and I have absolutely no recourse.

3. These situations included, wife has violated nearly every term of the agreement from custody to continuing to incur debt in my name. My attorney has done nothing and has advised me that nothing can be done without considerably more expense, even though it states in the agreement that all legal fees incurred from a default of the agreement must be paid by the party that defaults. I have abided by the agreement and paid my legal expenses, but at this point I feel like my attorney is working for the wife.

My question is, would this be considered mishandling or malpractice in the eyes of the law or legal ethics? Do I have ANY recourse in this situation? Any input is appreciated.

Fire your attorney and then sue him.

 

[LdiJ]

What is the name of your state (only U.S. law)? FL

To keep this brief I will post the facts of the case in question. FYI the divorce is still in process, but all paperwork has been done and submitted. Wife was granted a request to delay final judgment so she could continue using my health insurance to cover her supposed cancer. I've since found out that not only does she not have cancer, but she's using the health coverage to get cosmetic procedures done. Enough griping.

What proof do you have of this?...because insurance rarely covers cosmetic procedures.

1. In the agreement, I was awarded a vehicle that was and always has been titled to me. When I went to recover the vehicle, wife refused to give me the keys. I reported this to my attorney immediately and after three weeks of giving me the run around, I found out that wife sold the vehicle. When I inquired as to how she could have done this legally, I was told that she used a power of attorney form that I my attorney had me sign at her attorney's request.

Was the POA for some other purpose? If not, why did you sign it?

2. Also agreed upon was the wife to get the marital house, with the contingency that she refinance within 60 days of the agreement. Without verifying this had been done, my attorney had me sign a quit claim deed. Wife now refuses to refinance the house and I have absolutely no recourse.

You have recourse. You can take her back to court for contempt. However, please note that your court order cannot force a mortgage company to give her a loan.

3. These situations included, wife has violated nearly every term of the agreement from custody to continuing to incur debt in my name. My attorney has done nothing and has advised me that nothing can be done without considerably more expense, even though it states in the agreement that all legal fees incurred from a default of the agreement must be paid by the party that defaults. I have abided by the agreement and paid my legal expenses, but at this point I feel like my attorney is working for the wife.

If you can prove that your wife is in contempt you might get an award of legal fees, but your attorney would still need to be paid up front.

My question is, would this be considered mishandling or malpractice in the eyes of the law or legal ethics? Do I have ANY recourse in this situation? Any input is appreciated.

You can certainly talk to another attorney. At this point, with only your side of the story it would be hard to say.

 

[Proserpina]

Yep, that is correct. Cosmetic surgery usually isn't covered unless there's a medical reason behind it - think reconstructive surgery etc.

This is a pretty basic run-down, but at least it was written after the recent healthcare changes.

http://plasticsurgery.about.com/od/historyofplasticsurgery/f/Insurance.htm

 

[Bali Hai]

What is the name of your state (only U.S. law)? FL

To keep this brief I will post the facts of the case in question. FYI the divorce is still in process, but all paperwork has been done and submitted. Wife was granted a request to delay final judgment so she could continue using my health insurance to cover her supposed cancer. I've since found out that not only does she not have cancer, but she's using the health coverage to get cosmetic procedures done. Enough griping.

1. In the agreement, I was awarded a vehicle that was and always has been titled to me. When I went to recover the vehicle, wife refused to give me the keys. I reported this to my attorney immediately and after three weeks of giving me the run around, I found out that wife sold the vehicle. When I inquired as to how she could have done this legally, I was told that she used a power of attorney form that I my attorney had me sign at her attorney's request.

2. Also agreed upon was the wife to get the marital house, with the contingency that she refinance within 60 days of the agreement. Without verifying this had been done, my attorney had me sign a quit claim deed. Wife now refuses to refinance the house and I have absolutely no recourse.

3. These situations included, wife has violated nearly every term of the agreement from custody to continuing to incur debt in my name. My attorney has done nothing and has advised me that nothing can be done without considerably more expense, even though it states in the agreement that all legal fees incurred from a default of the agreement must be paid by the party that defaults. I have abided by the agreement and paid my legal expenses, but at this point I feel like my attorney is working for the wife.

My question is, would this be considered mishandling or malpractice in the eyes of the law or legal ethics? Do I have ANY recourse in this situation? Any input is appreciated.

Hiring a lawyer is no different than hiring someone to paint your house. When the contract states the house is to be painted white and you see it being painted black, fire the contractor immediately.

I do empathize with with you, you just described all of my idiot lawyers. I still wonder who they were representing, but I know for sure that I paid them.

 

[happydivorcee]

Thank you for the replies. I am trying to set up a consultation with another attorney.
I am the named insured, so I get a copy of every single claim (with detail) that goes through my insurance. I have really good insurance, and I should have been more specific, it's mainly cosmetic dentistry that she's had done. It's limited but I do have coverage for some procedures.

I was told that I had to sign the POA in order for her to transfer the property that she was awarded from my name into hers. The only thing she transferred into her name was the property I was awarded. I did what I was told under the assumption that my attorney was protecting my best interest.

I understand that no court order can force a a mortgage company to give her a loan, but in the event that she couldn't get one, she was to sell the property. Now it's hers, as long as she doesn't get foreclosed on (in my name of course).

My biggest beef is the fact that in hindsight, if it wasn't for the POA, quit claim deed and a total lack of attention from my attorney to some of the smaller details, none of this would have happened. Now she wants me to pay to fix her oversights and mistakes?? Does anyone know of any sites that give a good breakdown of what's considered legal malpractice? Appreciate the help.

 

[Bali Hai]

Thank you for the replies. I am trying to set up a consultation with another attorney.
I am the named insured, so I get a copy of every single claim (with detail) that goes through my insurance. I have really good insurance, and I should have been more specific, it's mainly cosmetic dentistry that she's had done. It's limited but I do have coverage for some procedures.

I was told that I had to sign the POA in order for her to transfer the property that she was awarded from my name into hers. The only thing she transferred into her name was the property I was awarded. I did what I was told under the assumption that my attorney was protecting my best interest.

I understand that no court order can force a a mortgage company to give her a loan, but in the event that she couldn't get one, she was to sell the property. Now it's hers, as long as she doesn't get foreclosed on (in my name of course).

My biggest beef is the fact that in hindsight, if it wasn't for the POA, quit claim deed and a total lack of attention from my attorney to some of the smaller details, none of this would have happened. Now she wants me to pay to fix her oversights and mistakes?? Does anyone know of any sites that give a good breakdown of what's considered legal malpractice? Appreciate the help.

A man embroiled in a divorce should NEVER assume that his best interests are being protected by his own lawyer or the court system. That is foolish, always look for red flags, because they are there.

Get another lawyer and be on your guard constantly. Send a formal complaint to your state bar. What your previous lawyer advised you to do was totally asinine. Be prepared to prove it.