Friday, April 30, 2010

Need legal advice for divorce / custody case?

State of Colorado, divorce has been going on for almost 6 months. Opposing council is unethical, and has pulled out every dirty trick possible. He is attempting to over-turn protection order in place, and constantly creates frivolous issues for my attorney to drain my retainer. Nearly $40k dollars later, I am realizing my attorney is not a match for this- he is always playing defensive and gets mauled by opposing council.





I need a new attorney but now do not have the money for a retainer. Because my spouse has unlimited finances, I have been told I won't qualify for legal aid, and have been advised by many that legal aid/pro bono attorneys often do not put in the effort necessary to win a case.





I am desperate. My ex, even with his domestic abuse history, has been awarded more custody than me of our 2 year old son and while the judge reminded me this is only temporary, I have no idea where to turn.Need legal advice for divorce / custody case?
I think the main problem is that not everything needs to be responded to, and I cannot even imagine what took $40K in 6 months.





I have seen many divorce cases where one spouse was ordered to pay for the legal expenses for both spouses....I would also go to court alone the next time (you can always appeal) and simpy explain to the judge that you cannot qualify for legal aid (but you still need to go, they cannot refuse you based on your SPOUSE'S income in a divorce case b/c you cannot force him to pay your expenses), and can no longer pay for an attorney.





If he has a domestic abuse history, there has to be a reason why he was awarded more visitation time...it isn't b/c your soon-to-be-ex has more money, judges ALWAYS state a reason for it...you should have posted that reason here.





I wouldn't worry about the protection order unless this man has actually tried to kill you...you didn't post that he has actually ever hit you, as domestic abuse is in many forms.





Keep in mind that draining money to keep a protection order in place is a waste of money....someone that is ACTUALLY truly trying to do you harm...is going to ignore the order anyway, and if he has THAT much money, chances are very slim that he would risk losing everything he has paid for, in order to end up in prison.





Focus on your CHILD.Need legal advice for divorce / custody case?
You address several issues. First, the above response is fantastic!! But I wanted to add to a couple of issues. You indicate that you feel your opposing counsel is unethical. Before you make a statement like that, hopefully you have clear evidence to the fact. You may want to contact the ABA and post a complaint. (Here is a link to their website, for Colorado http://www.abanet.org/legalservices/find鈥?/a>


There are other resources here. IF you don't feel your attorney is good, and you truly have a case (keep your feelings out of it -- are you a good parent, responsive, understanding, etc. and can you prove it?) you should be able to find an attorney who will take it on. Most attorneys will give you some time to talk with them before taking a retainer (initial consultations are frequently, but not always, free) so you should be able to shop around.





Also, see if you can research the opposing counsel. See if you can find who has won cases against them in the past - they are more likely to win in the future.





Good luck on your search.

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