Immediate trial assistance

[ShadrachBlue]

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

I have been in my divorce for nearly three years, husband is a very high-up, well-known and has numerous connections between himself, his attorney, and judge who has been handling our case. As you can imagine, child and myself have not been faring well. Despite initial court orders from first judge (later replaced by 2nd with connections to husband) for protection order, my portion of salary he was withholding, etc, he has gotten away with not only violating the protection order several times, but not paying a rightful dime, ever, and judge continues to allow, refusing to acknowledge his willful contempt despite numerous filings.

I have been through three lawyers who all get intimidated by husband's shrewd attorney and I continue to get bullied and railroaded repeatedly until each of my attorneys withdraw from the case and I am forced to find a new one. All have been full of promises at the start, then take the money, and soon claim to find themselves "too exhausted" from dealing with husband and lawyer's game playing and unethical tactics that get constant judge approval whether right, wrong, or full of lies.

I am now at the point where I have nothing left, I have been abandoned by the court and by all of my attorneys. I've been precluded from discovery due to last attorney's refusal to file anything I submitted, since she'd rather play nice which ultimately got us taken advantage of again. Trial date has been set for a week from now and I have now been told by my attorney she is leaving me pro se because she, too, is now fed up with the case! Husband is pushing for a last minute settlement, giving me only one option with a response due by noon tomorrow. This option essentially leaves myself and child homeless, it requires me to assume all marital debt while signing off on the only free and clear home and our business, both of which he has taken over since divorce began. My attorney is pressing me to settle as well while at the same time drafting papers to make it appear as though I am FIRING her rather than the truth, that she is withdrawing from the case. This is exactly what the last two attorneys have done as well and I am beside myself over what to do at this point. I can either agree to be homeless and commit a financial suicide or then go in front of a judge pro se who is in husband's back pocket.

I need to know the best course of action and if possible find a new attorney who will NOT allow themselves to get bullied or intimidated. As I said before, I do not have the funds up front to hire, as I've been stripped clean by the last three in addition to trying to support myself and child for the last three years with zero income. I've worn out my welcome and assistance from all friends and family as well. However I am more than willing to arrange for payment to be taken out of final settlement if that's possible. There is certainly more than enough to go around between husband and myself, I just need someone who is willing to finally stand up to this nastiness and fight for what I am rightfully entitled to.

I am begging anyone out there to please contact me if something can be done. I appreciate the time of all those who read this. Thank you very much.

 

[Ohiogal]

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

I have been in my divorce for nearly three years, husband is a very high-up, well-known and has numerous connections between himself, his attorney, and judge who has been handling our case. As you can imagine, child and myself have not been faring well. Despite initial court orders from first judge (later replaced by 2nd with connections to husband) for protection order, my portion of salary he was withholding, etc, he has gotten away with not only violating the protection order several times, but not paying a rightful dime, ever, and judge continues to allow, refusing to acknowledge his willful contempt despite numerous filings.

And nobody asked the judge to recuse himself due to the conflict?

I have been through three lawyers who all get intimidated by husband's shrewd attorney and I continue to get bullied and railroaded repeatedly until each of my attorneys withdraw from the case and I am forced to find a new one. All have been full of promises at the start, then take the money, and soon claim to find themselves "too exhausted" from dealing with husband and lawyer's game playing and unethical tactics that get constant judge approval whether right, wrong, or full of lies.

You have been through three lawyers? What are you asking for? What kind of custody? how much have you paid them?

I am now at the point where I have nothing left, I have been abandoned by the court and by all of my attorneys. I've been precluded from discovery due to last attorney's refusal to file anything I submitted, since she'd rather play nice which ultimately got us taken advantage of again.

You are kidding right?

Trial date has been set for a week from now and I have now been told by my attorney she is leaving me pro se because she, too, is now fed up with the case!

The case or you? If you have gone through three attorneys I see a similarity in that YOU could be the issue.

Husband is pushing for a last minute settlement, giving me only one option with a response due by noon tomorrow. This option essentially leaves myself and child homeless,

Whose child is the child? Just yours or yours and his? Where have you been living all this time?

it requires me to assume all marital debt while signing off on the only free and clear home and our business, both of which he has taken over since divorce began. My attorney is pressing me to settle as well while at the same time drafting papers to make it appear as though I am FIRING her rather than the truth, that she is withdrawing from the case.

Did you breach the retainer agreement?

This is exactly what the last two attorneys have done as well and I am beside myself over what to do at this point. I can either agree to be homeless and commit a financial suicide or then go in front of a judge pro se who is in husband's back pocket.

You are not giving all the facts.

I need to know the best course of action and if possible find a new attorney who will NOT allow themselves to get bullied or intimidated. As I said before, I do not have the funds up front to hire, as I've been stripped clean by the last three in addition to trying to support myself and child for the last three years with zero income. I've worn out my welcome and assistance from all friends and family as well. However I am more than willing to arrange for payment to be taken out of final settlement if that's possible. There is certainly more than enough to go around between husband and myself, I just need someone who is willing to finally stand up to this nastiness and fight for what I am rightfully entitled to.

And you haven't gotten a job in three years because of why?

 

[truenote]

And nobody asked the judge to recuse himself due to the conflict?

I screamed that from the rooftops as soon as I found out he took over the case. First attorney did request such and was essentially laughed at, it was dismissed as a "preposterous allegation with no basis in reality" when it is the cold hard truth.

You have been through three lawyers? What are you asking for? What kind of custody? how much have you paid them?

Yes, three lawyers. I have asked for nothing other than what rightfully belongs to myself and child. Husband worked part time at small job while I built million dollar corporation that he wanted no part of until he saw the cash it produced. There are numerous assets, and we owned more than one home. However I had to leave everything behind after the threats to my and child's life, first attorney had emergency court appearance for protection order that first judge immediately passed, and I was then advised to take child and go to 2nd home out of state for safety. Since husband was now in full control of business and NY home, judge ordered him to turn over my half of salary as well as pay bills on home we were living in (mortgage, electric, water, etc). I was to provide living essentials, groceries, etc for child and myself, which would have been fine if I received my pay. Instead husband withheld my salary, let all the bills including mortgage go, and instead gave himself a raise with my half of salary which was proven to first judge as exact figures were shown in accounting documents. Husband was reprimanded, told no self-help and was again instructed to follow the order or face contempt charges. While my attorney was drafting contempt filing, we received word that first judge was now replaced. I have asked for nothing more than what was initially ordered. He has a home, I have a home, if he now wants complete control of the business, then to pay me out of it, as I am certainly entitled to at least half, probably more than half because I started it, but I want to be fair all around. He instead sees it as though the business is all his now since I "abandoned it", and therefore I'm entitled to nothing now.

Custody is not an issue either, as the very first thing husband did under new judge was emancipate the child, which makes me sick. He managed to do this in a private conference with the judge that myself and attorney were a) not permitted to attend, and b) not able to respond to or defend in any way. Every effort to bring it up following the order has received a response that it is over and done with and no longer relevant to the divorce at all.

First attorney probably received close to $100,000, was tough in the beginning, then gave up after seeing bias from new judge and his refusal to remove himself. Second attorney received perhaps around $40-50k, but fell for "his lawyer wants to make nice" scheme. Husband's attorney made some rather large verbal promises at court building shortly before conference. At conference told judge that everything had been resolved. My attorney then relayed his statements to me saying that everything had been worked out. I followed what he'd said as it seemed reasonable, only to find out at the next hearing that he now denied ever speaking to my attorney in the hallway that day, and was now seeking damages because "my random actions" had created hardship on my husband. Both attorney and I were mindblown. Credits were awarded to husband, and at next hearing attorney never showed up and I was not able to reach her since. Third attorney is probably between $60k-80k, she too was tough at the beginning but soon found out like the first that there's no getting past the bias. Now all I hear from her is how tired she is, how exhausted she is, that I don't know the time she's put into this case, etc. It's in no way professional, it's like listening to a whining child on every phone call. Now she has refused to do anything more because there's no talking to husband's attorney. It's his way or no way, and she's "just too tired" to deal with it anymore.

You are kidding right?

Not kidding. All finances I had set aside for this case have been depleted. Family and friends have done their best to help as they can, but now they are also fed up at how this case never ends. The home is in foreclosure, we've lost electric twice, lost my car due to inability to make final payment, the list goes on. Had I received my salary -- MY half, not his, not everything, just MY OWN -- there would be no problem.

The case or you? If you have gone through three attorneys I see a similarity in that YOU could be the issue.

My requests have remained the same throughout the three years of this case. What's fair is fair. I'm not looking to take from husband what is rightfully his. He, however, has taken, and continues to take all that is rightfully mine and ALSO my child's. It is his way, or no way, as I said before. His only offer was that I sign off on NY house and business, then sell the house I'm living in, turn over all proceeds, and then assume all debt. If my reluctance to take this railroading makes me the issue, well then perhaps you are right.

Whose child is the child? Just yours or yours and his? Where have you been living all this time?

I believe I mentioned earlier, the child is ours, from our marriage, but he filed emancipation loosely citing a two week period that the child was away on a school trip to claim that she lives on her own. We have been living in the out of state home since the onset of the divorce, but in his one option, he demands the home be immediately sold and there is no monetary payment in any form to me, therefore leaving us with no home nor any money to find a new place to live.

Did you breach the retainer agreement?

No. This method of making it appear like I just keep hopping from attorney to attorney is a pattern that I've found in all three. They of course don't want to look bad so they refuse to fight anymore, draft papers saying I'm terminating their services, and then they withdraw. Husband's lawyer has been having a field day with this, as it adds to his credibility that I am the difficult party.

You are not giving all the facts.

There are too many facts in this case than you would care to hear about. I have nothing to hide, but so far I've yet to find one person who takes the time to look at the big picture.

And you haven't gotten a job in three years because of why?

I have. When it became obvious no one cared about his contempt, I sought work. Granted, I could still not pay his responsibilities as it did not provide an income anywhere near what I used to have from our business, but I could at least put food on the table. However as I said, husband is high-up, has many friends in many places. He sent people, friends/relatives, to my places of employment to harass me until I got fired. I lost two jobs this way and child did as well. Now with the economy, it has taken me quite some time to find my third job, another friend of his did appear there but security had him removed right away. These are all of course violations of the protection orders, which explicitly state that he is not to harass in any way nor use a second party to do so either (he is noted for this behavior, which is why it was stipulated). I now have to leave this job in order to go to trial, and when it is over and the protection order is removed, I'm sure this cycle will only continue on.

 

[Ohiogal]

How old is the child? AND WHY did you change your username?

 

[truenote]

How old is the child? AND WHY did you change your username?

My daughter had just turned 17 when the divorce started. 21 is the age when child support is no longer required in NY, therefore I assume that's why he went for emancipation right off the bat.

I had to change usernames as it was a friend who actually found this website and directed me to it. Then had some problems logging in at home and opted to just make a new name. Sorry for the confusion.

 

[Ohiogal]

Your daughter is 20. SHE should be working and supporting herself quite frankly.

 

[truenote]

Your daughter is 20. SHE should be working and supporting herself quite frankly.

Perhaps you missed what has happened at each job to date.

Nevertheless, there are medical/disabling issues that prevent her from being able to work, and due to my struggle throughout this situation I am unable to do anything about it in terms of treatment. Even so, she has tried to help the best she is able and at times has even paid for the basic essentials when I could not.

We are both doing the very best we can, I am sorry if you do not see it as being enough.