Legal Question in Family Law in Georgia
My husband and I are divorcing. We had a home with 11 years to pay on a 15 year fixed mortgage. We had $120,000 equity in the home. My husbands dad had just died and his mother had terminal cancer. He convinced me to move from our home in Florida to Georgia and put only $25000 on a $359000 home. He makes 108000 a year. I believed he was grieving and he said he wanted to start a new life together and resay our vows, etc. Against my better judgement, I agreed and signed a home equity bridge loan which we only need for one month while our house sold just before the market bottomed out. He was having an affair the whole time and spent all of the equity in our home, bought a Ford F350 and a 32 foot grady white boat. His mom died and he got a $200,000 inheritance. I believe there was deliberate dissipation of marital assets and discussed this with my lawyer. We went to mediation and my lawyer had to leave early to act as a judge in another county. He left early and didn't tell me not to sign anything. My husband had brought the woman to our home and done all of this and I was an emotional wreck at mediation. My lawyer also seemed to try to hurry the process as he knew he had to leave. I ended up with $16000 of which I will have to pay attorney's fees, 1550 a month retirement and $2300 a month until 62 alimony (we were married 25 years). My husband got the house, but I am supposed to live in it for 18 months until it sells, but sign over the deed. The $16000 is also supposed to cover $8000.00 of contempt fees for things I had to spend money on during our temporary agreement. $2300 seems generous until you consider the fact that I am 49, basically homeless and have to catch up on retirement. I feel as if my attorney was in a hurry to wind up the agreement and not only didn't address dissipation of assets, but made many decisions that were not in my best interest. Do I have any recourse for malpractice or dissipation of assets. I know life isn't fair, but I don't feel justice was served in this case. I'm a teacher, have never been unfaithful and make $46000 a year. Both of our children are in college.
2 Answers from Attorneys
Malpractice is not defined as a deal that you decided later you do not like. That is the tone of your post. You mention decisions the lawyer made, but what decisions did you ultimately make? What did you sign after the lawyer left (a no-brainer to not sign without the lawyer's review). Nevertheless, no one here can second guess a case with a few sentences of facts. See another lawyer if you want a second opinion.
Consult with a local attorney. All these issues need to be investigated.
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