Quote:
Originally Posted by Have Hope
I don't know how I feel right now about what I am doing: what do people think?
Here are the facts:
1. His mother died in Oct, right after we separated, and we filed for divorce in late Dec.
2.. I never saw my husband's financial statement, which should have included mention of a pending inheritance. My lawyer never offered this to me, but should have.
3. My lawyer misled me to believe it wasn't important or necessary to tell the judge I had lost my job when we saw the judge in March.
4. My husband coincidentally and very conveniently received 180K in his bank account from the inheritance AFTER our divorce hearing had passed, in April.
5. I am now looking into free legal consultations to learn what my legal rights are around the inheritance, and only because I've lost my job and income.
I am angry that my lawyer advised me against telling the judge I lost my job - he told me it "wasn't necessary", when I asked if I needed to tell him. And, I suspect that my lawyer and husband wanted to hide this inheritance from me somehow. Why wasn't I shown my husband's financial statement? And was the inheritance included on it?
Is it wrong of me to pursue this legally? A portion of his inheritance, IF in fact, I have legal rights to it as his wife?
This is going to absolutely enrage my husband, once he finds out. I know that I cannot let that stop me, but it will create enormous conflict between us again, and likely he will never wish to speak with me again, which is just fine with me.
But what do people think, assuming I DO have legal rights to this inheritance? Remember that I legally waived alimony in the divorce agreement, which the judge approved. In hindsight, I should not have waived that right, and the judge should have been told that I lost my job.
I suspect FOUL PLAY, which is my sticking point over this.
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Do you want your ex to profit from your mother's death? It is legal and equitable in your state that you recieving HIS INHERITANCE means he is ENTITLED TO RECIEVE SOME OF YOURS. You don't have to like your states laws, but the judge decides how you will follow them.
Get a second opinion about what the mediation lawyer actuallY ADVISED you. A mediation lawyer is NOT THE SAME as a divorce lawyer. You recieved advice from a MEDIATION LAWYER and took that advice. Only another attorney can tell you if it was bad LEGAL advice.only an ETHICS review panel can decide if it was unethical advice.
A judge asked you if you reviewed your exes financial statement. You said you did when you didn't. Decide how you will explain that to the judge because the judge will ask why you lied. Your reason for lying may not matter at all and accusing them of purposely hiding it from you has a legal consequence regardless of if you are right or wrong. A judge will decide who is right and who is wrong.
A judge must apply the law and your states legal standards whether you like it or not. You need your own divorce lawyer. You CHOSE not to consult with one because you didn't have money. You were advised by several people to talk to an attorney (offered payment plans, free consultations, etc). You chose to not do that until now., so wait until Tuesday and talk to an attorney who can advise you.
You asked what people think, so I will share what I think. I think you made choices you need to live with and close this chapter of your life. I think going after his money now is because you are afraid of not having money. I BELIEVE your ex husband will tell everyone he speaks to that you went after this money because you are **insert negative point of view** because he knows it will hurt you for many years to come. That's my judgement of him based on what you have presented.