That the divorce process should never be used for vengeance One of the secrets that your divorce lawyer might not want you to know is that divorce proceedings are not used punitively. Sometimes, parties want to stick it to their soon to be ex-spouse as recompense for something they did.
The family court system and the divorce industry must be exposed for what it is…a corrupt system where the lawyers and courts profit off of the destruction of families. Divorce lawyers are truly bottom feeders. The “system” may advocate women in the majority of cases.
Your current income, asset, real estate asset and debt are information that will ensure your free divorce lawyer. If the court finds that you are really unable to hire a lawyer at high price according to your financial status the court will find a lawyer who can work for you voluntarily.
Do not attend such a meeting unless you have counsel... Here's the "rub". If you are representing yourself, you need to speak with your wife's attorney since that's the only way to get the case resolved. However, that attorney's job is to represent your wife - even if it's to your detriment.
Hurdles to address areas of professional misconduct are many times insurmountable — due to many of the entities designed to investigate having been proven to be ineffective and shielded by a cumbersome process that filters out legitimate cases of wrongdoing.
The expectation for accountability for any wrongdoings and professional misconduct by judges, lawyers and other players in the industry is handed an easy out — by means of a discouraging process that has been put in place.
The current structure of these ordeals in the courts — along with the tools of the trade — favor protections put in place to shield the wrongdoings and ethical abuses of judges and lawyers on many levels.
In 2015 the State of New York’s “Judicial Accountability” and “Ethics Enforcement Agencies” both received the failing grade of an “F”. Such findings offer little solace to any person, within the industry or outside of it, who would venture to report violations of professional or judicial misconduct on the part of lawyers and/or judges.
The rules serve only to act as mere “window dressing” in most situations dealing with matrimonial and child custody cases. Very rarely, if ever, does one hear of an attorney in this area of law reporting a judge or lawyer to any oversight or “appropriate professional authority” because doing so could be adverse to that person’s livelihood — it also may be hypocritical of many to report such instances as they may be engaging in the same behaviors on occasion.
Many of the courts regularly appearing lawyers who practice in and out of the same courtrooms will almost never report such behaviors as they have to practice in front of the same judges and the same opposing lawyers on multiple occasions.
Fraudulent Divorce -- Examples#N#Here are two examples of fraud or misconduct that would justify vacating divorce court orders: (1) Husband and wife agree on all the terms of a divorce; they negotiate all of the issues, fill out all the forms and proposed final orders, and jointly file the petition for a divorce; later the husband changes the amount of child support and forges the wife's signature on the proposed Child Support Order; he then goes to court without notice to the wife and gets a judge to sign the orders, including an amount of support that the wife would never have agreed to. (2) Same scenario, but after the parties agree on all proposed orders, the husband (who is in the Army) is deployed to Iraq; while he is gone, the wife replaces several pages of the property settlement, giving her most of the property; she then gets the final orders signed by the judge without telling her husband what she has done.
The basic rule used in determining whether or not to vacate a prior court order is Civil Rule (CR) 60. In most divorces, there is no question of fraud or misconduct in getting a divorce, so CR 60 is usually not relevant. In a small but significant number of cases, however, the key rule is CR 60 (b) ...
Most states have adopted some version of the Federal Civil Rules. The numbering and content of the civil rules in most states are therefore similar or identical. You should check your state's version of the applicable rules referred to in this Legal Guide. The basic rule used in determining whether or not to vacate a prior court order is Civil Rule ...
If your spouse has obtained divorce orders without your agreement by using fraud, lies or trickery, you do have a remedy. The fraudulent divorce orders can be nullified by filing a CR 60 (b) motion to vacate, as described above. If your evidence of fraud is strong, your chances are good.
If an attorney manages to liase many or all all your issues, then you have already lost, especially if they have told you not to talk to the spouse and they have served their purpose by fait accompli. If it comes down to money, you have lost, that is the level of basic understanding marriage has become for males.
If you do decide to appeal the decisions of the family court, the Supreme Court, no less, will very likely uphold and support the malfeasance of the family court because the antics of the lower court personnel mirror those of the Supreme Court. I bet the family court personnel have recognized this and are busy minting.
You should sue for undisclosed conflict of interest. At the very least, file a complaint with the State Bar Association or whoever it is in your state that hear s such things. Seriously. CLAIM DAMAGES.
The gal did not investigate any of the leads I gave him. The magistrate had a stay for seven months. And the clerk of courts refused to send out the subpoenas. The clerk of courts told my attorney’s staff they were to short of staff to fax the subpoenas over my attorney’s office the day before the trial.
And your are right, the judges dont know the laws and/or the Florida Statutes, so no one should take for granted that they do. But the reality is,,they dont know them because they dont have to know them, because they just fly by the seat of their pants and there is no one to check them.
Absolutely ! Most have no idea that here in the USA, we do not own our attorneys when we hire them. Attorneys are agents of the court. In essence, we only rent attorneys to represent us in our legal matters. An attorney’s (demanded) allegiance is always to the court first. The client and his/her interests come dead last. The BAR Association (British Attorney Registry) demands that each attorney collude and work for the court. A “client’s best interest” is only a phrase used by attorney’s to catch more clients and make more cash. Attorneys make great actors, they need to be good actors as in many court rooms, they are only acting a part where the script has already been written.
When Margaret Besen, a 51-year-old nurse from East Northport, Long Island, filed for divorce from her husband in March of 2010, she believed justice was on her side. Judge William Kent’s preliminary ruling seemed like a first step toward compromise. Margaret and Stuart Besen, who agreed their marriage was beyond repair, ...
The analysis shows that a dozen of these commissions collectively dismissed out of hand 90% of the complaints filed during the last five years, tossing 33,613 of 37,216 grievances without conducting any substantive inquiry. When they did take a look – 3,693 times between 2010 and 2014 – investigators found wrongdoing almost half the time, issuing disciplinary actions in 1,751 cases, about 47%.
But court critics say that one reason judicial violations are common is because they frequently go unpunished. When litigants ask a judge to back away because of a conflict, they risk being told no, then face possible retaliation, so many don’t bother. If a litigant or an attorney files a complaint with an oversight body, there’s only about a 10% chance that state court authorities will properly investigate the allegation, according to a Contently.org analysis of data from 12 states.
When conduct boards do act, the sanctions usually amount to an admonishment that may be embarrassing but costs the judge little.
Judges in local, state and federal courts across the country routinely hide their connections to litigants and their lawyers. These links can be social – they may have been law school classmates or share common friends – political, financial or ideological. In some instances the two may have mutual investment interests. They might be in-laws. Occasionally they are literally in bed together. While it’s unavoidable that such relationships will occur, when they do create a perception of bias, a judge is duty-bound to at the very least disclose that information, and if it is creates an actual bias, allow a different judge to take over.
Colorado’s lone judicial action since 2010 was a suspension in 2013. Texas has not removed a judge in five years , though it has suspended 23 for varying lengths of time.
They might be in-laws. Occasionally they are literally in bed together. While it’s unavoidable that such relationships will occur, when they do create a perception of bias, a judge is duty-bound to at the very least disclose that information, and if it is creates an actual bias, allow a different judge to take over.