Legal Question in Family Law in Texas
I'm filing a grievance Monday with the Texas Bar Association, as my attorney seems to have sided with the other side and threw me to the wolves in a last minute bench trial (we were there for a motion to compel and a motion of continuance -the other side omitted 12 pages of the accounts and such needed for discovery, submitted only objections and did not sign or have motorized.). I was crying hysterically and didn't want to sign chicken scratched papers hand written that I didn't understand. Also, I was told my standing orders ended that day so they really gave me no choice. We were married almost 21 years and I never worked outside of raising our kids. I wasn't supposed to be cut off if I signed and that was a lie. Also, what they gave to the clerk wasn't what I signed or agreed to, my signature was photocopied directly from another piece of paper that was accidentally emailed to me. I have had no money since 12/6 /16 and no means to hire another attorney. I've asked my attorney numerous times to stop this and hold my ex in contempt for borrowing $10k from the 401k the day after he filed and for hiding 2 accounts and he's done nothing and tells me to be grateful for what I got. I'm staying with a friend, lost my home, family and my 17 year old won't speak to me because I didn't take the class required by our county -my attorney said I did not need to. He's the JP and Pro TEM Mayor in the next county... Please tell me what my options are?? The divorce decree absolves BOTH attorneys from anything involving discovery -because there was none. I'm just sick to death over this...
1 Answer from Attorneys
You don't have a ton of options and I know you said you're out of money, but procedurally, all you have left, from what I can understand, is to hire another attorney and file a motion for new trial. Your motion for new trial must be filed within 30 days of when the final decree of divorce was signed by the judge.
Also, if the 2 accounts were neither disclosed NOR allocated to either of you in the divorce decree, you can file a motion to divide undivided community property.
Section 6 of the Hays County standing order may have permitted your ex to borrow $10K from the 401(K), depending on what the $10K was used for. I don't know any facts other than those you've alleged in your note, but borrowing $10K may not have been contemptable.
Hiding accounts is not contemptable, in a legal sense. It's disgusting, but an enforcement action is not how that is dealt with. Not to just reflexively stand with your attorney, but those two items probably were not a valid basis for an enforcement action and pursuing one might have exposed you to sanctions from the court.
My advice is to take your divorce decree to another family law attorney (someone who ONLY does family law) and ask them to review it with you, answer your questions, and explain it to you. If after that you still think something is amiss, file the motion for new trial and try to fix any mistakes.
I'm sorry you're having to endure this. Good luck as you try to work through it.
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