Legal Question in Family Law in Texas
To Whom It May Concern:
I�m going through a divorce. Have already fired one attorney because my husband paid her off and she was not working for me. She had billed me and even given me a court document stating the judge signed it when she had never been to court. I am nervous about the attorney I have now because my husband is relentless. There is a protective order out against him because he assaulted me. He is drinking with heavy medications for the last 5 years and at the beginning of the divorce. There for I have no knowledge of him at this time because of the protective order. He believes money can buy anything. I need to know if my attorney is on my side? We go to mediation in a couple of weeks and my husband wants me to sign the taxes. We own three companies and I know the books are not right. There is suddenly a new CPA for the company that submitted taxes to my attorney. I told my attorney we need a second opinion of that the old CPA needs take a look at the taxes. My attorney said we will talk about it before mediation with no clear answer as do what will be done about the CPA. Can I initiate an audit for the companies? Is that a good idea? Should I sign the taxes and accept what my husband has presented?
Yesterday, I was mailing back a wireless air card that had malfunctions from Verizon when I noticed my husband's telephone number was on the pre-postage box. It was listed as the home number on my account. There is a protective order out against my husband and he should not be allowed access to any or my information or to me. I called Verizon and they told me my husband had gone through the back door on the internet and had access to all of the information on my account and all information related to my phone: calls, pictures, texts, emails, etc. who knows what else. Verizon has since kicked him off; no one is allowed to make any internet accounts through Verizon to get any more of my information. I told my attorney about it any that it violates the protective order. I feel so helpless, and do not know if I can trust my attorney. Is there anything else I can do to unsure I will not be taken advantage of in this divorce or with my attorney?
Thank you for your time.
1 Answer from Attorneys
Regarding the taxes:
1. Do not sign a tax return that you know to be incorrect. Period.
2. If you initiate an audit, it will have to be paid for. Assuming you have the authority to initiate an audit, are you certain you want to pay for it?
Regarding your attorney:
If you can prove your husband paid any money to the old attorney and if that money did not show up as a credit on your statement, then you may have an issue to pursue with the Texas State Bar. But that's not a hot topic now--you need to get through mediation and settle your case.
Even if you encountered one bad attorney, the chances of you hiring two crooks in a row is extremely unlikely. I don't think your attorney will take advantage of you.
From your message above, it seems as through the stress of this divorce has put you in a position where you could benefit from some psychological care. He has clearly pushed you around so much in the past that you are having trouble developing trust relationships with other people. If you don't trust your attorney at mediation, you just can't go to mediation with that attorney. But do you have time and money to hire another one? You certainly can't go alone.
So his mental abuse and psychological warfare against you has put you in a tough spot. Perhaps a counselor could help you work through specific trust issues. You haven't mentioned any reason not to trust your current attorney, but clearly you are worried. Your worries are a problem that lawyers are not well-equipped to fix.
Also, I don't believe what the Verizon person told you about your husband having access to your pictures and text messages. Unless YOU are synching your phone to some internet-based service, there is no way for him to use the internet to read your texts or see your photos. If he can get to your billing records, he can see to WHOM (what telephone number) you placed calls or sent text messages. But he can't see the content.
Good luck!!
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