Showing posts with label divorce. Show all posts
Showing posts with label divorce. Show all posts

Monday, October 20, 2014

Top Ten Divorce Lawyer Dirty Tricks

Top Ten Tricks of Scumbags Known as “Family Law Attorneys”

1. The bankruptcy trick.

Here is how it works……. In the property division portion of the trial, the “wife” and her life sucking leach will let you keep most of your stuff. You know, your classic cars and motorcycles, toys, property in your family for years, etc. {don’t worry, she’ll throw out all the smaller mementos of your life, in violation of the temporary order, to make the math easier} In exchange, you have to pay the princess a cash settlement based on splitting all the bills due minus the assets each person takes. Sounds fair, right? --deleted-- NO! What happens is that, shortly after the divorce, pumpkin declares bankruptcy. Now guess who is responsible for ALL the bills. Yes, you. The nice part is that if you declare bankruptcy to get rid of those marital bills, your ex sweetheart’s cash payout is not subject to the bankruptcy proceedings. Your credit is now --deleted--ed and you will have to pay her the cash the judge promised her. They will seize property (including bank accounts), garnish wages, etc. in order to help out the former Mrs. X.

Solution: What you need to do is make sure that you put on the record, say to the judge during the trial, “Your Honor, I stipulate to the property division as put forth by Ms. _______ ,and her counsel, with the following caveat: In the event that a party declares bankruptcy within ten years of the divorce, that party shall not be entitled to any cash settlement from the other and any payments made as part of a cash equalization payment shall be returned by order of the court.” Then smile and shut up. If they pull this on you, you need to have this on the record. The judge can agree with this or not, her attorney will flip out that you are on to this trick and certainly protest. Let him make an ass of himself or herself. When they finish, simply state that “to do otherwise is to open the door for a future civil case of unjust enrichment and I realize the court is busy and may not wish to reopen this matter, under relief from judgment statutes, at a later time.”


2. The “Magical Order” trick.

You’ll like this one. You go to court and get basically what you want, justice. Then a week or so later you get a copy of the proposed order. Well, holy --deleted--, the order has things that were never discussed or ordered or has it just plain wrong. This is definitely NOT what the judge ordered. How did this mistake happen? It isn’t a mistake. The other attorney knows that these things are usually rubber stamped by a judge’s secretary and they aren’t going through the transcripts to see if the lawyer accurately wrote down what the judge ordered. The judge has lots of cases to handle. In most cases, he will not remember, and will take the “scumbag attorney” at his word.

Solution:A week before the hearing, or trial, submit a “request for audio recording” of the action. If it is denied, and it is a one party consent state, tape the thing yourself secretly. Once they know you are on to this trick, by your request for a recorded hearing, they will be more “careful” when they word the order. When you get the proposed order, review it immediately. You generally have five days to object before it is made final. If it is wrong, make sure you object. If your objections are overruled, let them know that “the audiotape I possess clearly shows the order is wrong.” Threaten to contact your States attorney ethics board if you are being ignored. Be nice at first. Never lose your temper.


3. The Disappearing mail trick.

You can trust the one who agreed to “better or worse, richer or poorer, sickness and health”, right. No. You can’t. You get something in the mail that says basically “hey, you failed to show up for _______ (mediation, court hearing, required appointment, etc.). Since you didn’t care enough to show, we bent you over the bench in effigy and ass raped you. Have a nice day and --deleted-- off.” You think “well, I never got a notice of that”. How could I get the ass rape letter and not the initial notice ? It just can’t be. Sure it can. Little miss innocent simply knew when the original notice was mailed and had someone (bad boy, player, thug) intercept your mail. What? That’s not fair. Doesn’t matter. What does matter is that she got a default judgment, or something else to her benefit, because you didn’t show. And now the judge thinks you don’t care. He will not likely believe someone tampered with your mail and you probably cannot prove it anyhow. And now he is pissed off at you.

Solution: Get a post office box. Send registered letters, return receipt requested, to the court, child support agency, ex’s attorney if she is represented (or her if she isn’t yet) and EVERYBODY ELSE INVOLVED that formally notifies them of this change. Do not say why as it makes you look like a whiner. Just do it. Do it as soon as the action is filed. Check this PO Box every day.

Thursday, March 7, 2013

Random Thoughts: Divorce and Kids


I'm not divorced but we're separated (about 18 months now) and it was and has been totally amicable. I love that woman to death but we were not right for one another and now we're both better off. Our child (who is 4) is perfectly happy as there is no animosity and we even still do things together with her so that she still gets that 2 parent experience. Not a bad word is ever spoken about either parent to her and she knows that mommy and daddy love one another.

I believe it's when parents communication is fractured, bitterness sets in and the children become pawns in a childish chess match that "children of divorce" end up negatively impacted. Now, am I deluding myself to a degree? Quite possibly. It might still be better for her to have us both around at all times, but hopefully if that is true it is counterbalanced by the fact that I am much happier now and can therefore really be the dad I aspire to be.

Just keep the bullshit to a minimum, ALWAYS keep it away from the kids and remember that at the end of the day life is messy; there's multiple ways to live life. If you're happier separated and the kids are happy and get time with both parents, then fuck societal expectations and the guilt that people (many of whom frankly regret their decisions but won't admit it) try to engender in you for not living the "right" way. Your life and your happiness are important too. Happy people make happy parents.