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Old 10-09-2005, 03:05 PM
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Join Date: Oct 2005
Posts: 1
Default divorce stalled

I have been trying to get a divorce for 10 months. I paid a retainer in August or September of 2004. I am into it $10,000 and we are no where close to settling. I just told my lawyer via voice mail on Friday I am getting someone else. I did get another opinion and that lawyer had breakfast with my husband's lawyer and told my husband attorney that I had consulted with her. My husband's attorney then told my husband. I did not give her a retainer, just paid for some extra advise. My husband and his attorney took over 6 months to produce items of discovery that took me 3 days. Our retirements come from the same place in Harrisburg, Pa. The problem is my retirement-I am a teacher with 5 years to go, he is a retired state cop collecting on his retirement since 1992. I have been told if my case goes to divorce master I will have to pay him alimony and part of my retirement. His retirement is $3,000 a month. He has a part time job which he lied about and said he was laid off. He stopped working the day after I left. He is 63 I am 54, 33 marriage that should have been ended years ago. I moved out of the house (my attorney advised me it was OK to do this) which is in both names. It is getting reappraised today. I have been offered $56,097 cash to settle. The first offer was $35,000 cash. With all retirements and assets (some the value is unknown because he refused to get appraisals on his gun collection) the marital worth is 1.5 million so they say. My husband's attorney said $56,097 is way too much for me to receive. I have $160,000 in the marital home-it was all paid out of my paycheck. He is not splitting any of his $54,000 in investments which have my name on them. I have about $30,000 in investments. His lawyer is after the assets in my musical instruments which I use to supplement my income. We have a camper, outdoor world membership and he has a car and truck. He took all the money out of the joint account-$17,000. His lawyer contested the blue book value of my car and claimed it was worth over 10,000. BB value is $5,000. My husband forged my signature on the sale of our home in 1992 and lied repeatedly on his interrogatories we sent to get his retirement information. Within 3 days of the discovery request my husband's lawyer had EVERYTHING she needed to draw up a settlement AND she sent me interrogatories in retaliation. Total cost of interrogatories out of my pocket-$2,700. My attorney charged me $2,000 to type up and review answers to my questions. I told the truth. My attorney says there is nothing that can be done about the lies on the interrogatories and the stalling. I need to know if it is possible to win this case without going to the divorce master, if not I might as well take the $56,097 which includes me paying off the mortgage on the marital home where he has lived for 10 months. I pre-paid the mortgage 3 months before I left-he doesn't know how to pay bills on time and he has not paid me rent. I have been told repeatedly that I can't get rent from him. My husband has refused mediation, he has not called in 10 months. Counseling was not successful because he never went to individual counseling. I went 6 months for emotional abandonment and abuse. He has the marital home and ALL contents but the entertainment center. House and contents is probably going to be 165,500 with the new appraisal. We owe $16,478. At this point I have no faith in the legal system and I would like to know if all these things they told me are true. I had to get appraisals on my instruments and we do not know what his gun collection is worth only that is is VERY undervalued but my lawyer never insisted on getting the appraisal and I asked numerous times. Please let me know if there is anything you can do for me and how much for a consultation etc. My husband's lawyer and my lawyer have spent all my money. I withdrew my cd money to pay off my lawyer so my file can be released to whoever I get for a new attorney. Please advise me. Please let me know if I can get more than $56,097 after 33 years of marriage and doing it all-2 grown children. I have a masters in education plus 45 more credits. I consider myself fairly intelligent, I have worked hard all my life, while he worked and played and not one person I talk to says I am getting a fair deal. I understand my husband's lawyer doesn't want to give me more than $35,000 because she is afraid of mal-practice. My former attorney told me that. My husband isn't smart enough to do that. He doesn't understand any of this. Someone please email me crelias11@netzero.net I am in Pennsylvania.
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