Hi Loretta,
TBI , is (traumatic brain injury), which I got in the 2nd accident in 98, when this woman started going nutzo and robbing me blind.
To answer you question shortly,
my lawyer did not show up, and more importantly, did not write a pre trial memo.

Also, my wife KNOWS exactly how my rsd affects me, and quickly learned that the tbi and that entire injury only injured me further. (She used to say, I can control you, with your pain). She told me she would kill me, and tried to. (then, call the police on me, telling them I accosted her with a gun. Only, I don't own or have a gun)!

It's just remarkable, that my new lawyer won't do more. There are all kinds of attorneys, and, nobody realizes that I was fairly well to do, before wifey got to all this.

Now, I have chump change, and my income from disability. (which I paid her more than a grand / year, for half dozen years.). I just couldn''t get a lawyer to "move"..

Now, is when I keep the faith!

Thanks, all.

Pete

Oh, btw, Monday, is the "Day" that the ruling will be signed, and I'm just ticking down the time...
Hurt a tooth last night, and was up all night with it. Ouch!

Love to all..

Hi AintSoBad--I haven't posted here for a LONG time, due to progression of the RSD in my hands and arms, so I must limit the use of the P.C.

I read Mike's post, and he is SPOT ON! YOur case is NOT "hopeless", provided that you find a COMPETENT atty who can rep you ASAP....

Although I am not an attorney, I have had edxdperience in the legal field. First, generally speaking, family heirlooms are YOUR "sole and seperate" property, and your wife has NO CLAIM to those possessions that YOU inherited.

Secondly, if you can not obtain a copy of your pre-nup, then have your NEW attorney SUBPOENA IT directly from your wife.

If/WHEN you DO get a new atty, your former attorney MUST provide your case file to the new atty--ALL OF IT, except certain things that might be considered "protected work priviledge". Your NEW attorney will be able to handle this for you.

Finaly, and MOST IMPORTANTLY, you MUST report this sleeze-bag attorney to your State's BAR ASSOCIATION. Sometimes, just the THREAT of filing a complaint with the State Bar by a client, such as yourself can produce "miracles" in just HOW the atty will COOPERATE with you on your case! That is, if YOU want to continue to have him rep you!

Again, PLEASE follow Mike's very fine suggestions! Even though this is a PAINFULLY SLOOOOOW process, you MUST protect YOU, no matter HOW long the legal process takes in your divorce. With COMPETENT counsel to assist you, the process can, and SHOULD be, FAR less painful!

So--HANG IN THERE, and get on the phone TOMORROW!!!!

All the best to you....

Brokenwings

BWings,
I thank you, and everyone here,
I will continue to work on this. I just called another attorney of mine (who does legal malpractice work), but s l o w l y if ever.
His wife answered, he was driving, and he'll call me when they get home in a few hours.
Hah! Yea!

It's simply amazing, what wifey has gotten by with on "Lies". And, I will kick myself forever, if I somehow think that I "let" her get away with this...
She was on Welfare (which I didn't know) when I met her, she was working as a waitress.(I thought she was "hard working"). I paid her mortgage, repaired her house, (my men, etc.), and got her 50 thous. more than the real estate told her, in it's sale.
She took everything that My children and I had. (the reason my children are estranged).
What a world.

Thanks so much!

Pete
asb

pete

i have done what you asked me to the other day
no response yet.. i will pray for you tonight that something great will happen for you tomorrow .. you deserve something good to happen.
let me know how things work out i will be thinking of you all day!!!

sorry that you hurt a tooth i know how bad that hurts
hang in there buddy..

Hi Pete,
Sorry about your tooth. How are you feeling? Thinking about something you mention in your post, your children have bad feelings because of your ex. They must have felt left out? I know they would be proud of you fight for your house and heirlooms. Because I know you aren''t fighting just for yourself-you are fight for your children's inheritance.
That would make them feel good, loved, if they knew.
Hope your new attorney can file something first thing Monday a.m. before anything gets signed. Please know we are thinking of you. Take care, loretta

Hey Friends,
I'm keep on Keepin'' on!

I got one attorney on his cell earlier, his wife answerred, (he didn't want to talk while driving, and I respect that), I was promised a call this evening. Althought It's just about 7PM here.
I'll be up early I reckon.

One day to file something.
Talk about bringing it to the line.

Thank you all for you kind thoughts,
Boy, and I gonna feel like a loser if I let this go down!

love You' all!

Pete
asb...

AintSo--if you are anything lime me, between the RSD, the pain and the meds, I have found that my mind does NOT :function" as it USED to--therefore, I have found it VERY helpful when contacting my atty with questions/issues, to WRITE THEM DOWN! That way, I have my "to-do list" for my atty, and I ALWAYS write down what HE says, lest I forget later!!!

The one thing that I have found, being in the legal profession and NOW, being a client, is that YOU know YOUR case MUCH BETTER than ANY attorney!! It is important to remenber that our attorneys have a LOT on their "plate" as well--deadlines, court appearances, depositions and so forth.

So, although we tend to "think" that because we DO have an atty, we can just "sit back" and let HIM do ALL the "work"! Well, I found out that this is NOT true!!!!

As a client, I have found that it is really important to find out exactly HOW your atty prefers that you contact hiom with questions, additional information, etc.

Some attormey prefer that you E--mail them with your concerns, with a follow-up fax all other "evidence" that you have concerns about...while other attys prefer that you leave a detailed mesage with their secretary. COMMUNICATION is THEY KEY to EFFECTIVE assistance from an atty, so a lot is up to you and the attorney to agree on HOW he wishes you to communicate, and what HE thinks/considers an "emergency"!!!

IF you DO consult with a new attorney to rep you, do the best you can to get EVERYTHING that can possibly can, and ORGANIZE IT!!! Again, prepare a list of your issues and concerns. Most initial consultations are ususally free, so you want to MAXIMIZE the limited amount of time you have douring the consult!

I have also found that when considereing changeing attorneys, it is best NOT to mention "red flag words" like "MALPRACTICE" or OTHER indications of negligence onb the part of your former attorney. Usually, it is best just to INITIALLY say that the COMMJUNICATION was "lacking", you couldn't "connect", or something to that effect....

If you have as much of your case-file that you can get, and other court documents and evidence etc, that you can get your hands on, and ORGANIZED, I have found that MOST attorneys WILL see the "writing on the wal" as to the INCOMPETENCE of your CURRENT attorney, without YOU being the one to have to pont it out!!!!

It is a shame that your current attorney has let you down--and to NOT show up for a COURT APPERANCE is INEXCUSABLE!!! ANd, IMHO, the Presiding Judge should NOT have gone forward woith your Hearing/case, KNOWING that your atty was NOT THERE TO REP YOU!!!! The Judge SHOULD have continued your Hearing, and SANCTIONED your attorney for failure to show, but that is just my "humble Opinion", and something that a NEW and COMPETENT attorney should address!

Aint--is is CRITICAL for you to EDUCATE yourself as MUCH AS POSSIBLE concern the Divorce laws in YOUR state!!! As they say, KNOWLEDGE IS POWER!!!!!!!!

Fortunatley, the legal system, even in Divorve Court, provides for an APPEALS PROCESS, should EITHER party believe that the Judge erred on either his/her INTERPRETATION of the law, and/or the FACTS/EVIDENCE, or "abused his discretion"...Accordingly, IF your Ruling form the Judge on your current case is NOT favorable to you, then I can NOT emphasize ENOUGH just HOW CRITICAL is is for you to either goet on the "same page " with your CURRENT attorney, OR, FIND A NEW ONE who UNDERSTANDS THE ISSUES and WILL rep you!

There are STRICT DEADLINES for filing an Appeal, a Petition for Reconsideration, or whatever your State's statutes and regulations are concerning Divorce Proceedings! IF you BLOW THE DEADLINE to APPEAL (called the "Statute of Limitations", then you are SCREWED!

As I indicated before, Mike has given you INVALUABLE suggestions, and while I do not wish to be presumptuous, I think that it would be a VERY good idea to Private Message Message Mike for some additional input!

That being said, you spuld give yourself a HUGE pat on the back for RECOGNIZING that "something is rotten in Denmark", and have INQUIRED about it here on the Forums!!! Y0ou would be AMAZED about just how MANY people just "take it for GOSPEL" and do NOT QUESTION a THING when they DO have an atty to rep them!!!!

Again, best wishes to you!!!! Get busy, get PROACTIVE and START LEARNING about the Divorce Laws in your State!!!!

Most Sincerely,
Brokenwings

Just thinking of you and hope things look up soon. Keep fighting.You deserve better

HEY YA'LL
This is still, WAR.

I can't stand it!
You know, why can't a person be fair, and let me at least have the furniture I came with?
The house is a totally diff/ subject, that I'm even willing to talk about that makes me ill!

Agghhh!

Sorry, gotta go be ill......

Thank, for all your love!!!!

Pete

I really want to take the time, to thank all you Good Folks, for supporting me.
You only know one side of this story, I may have beatin my wife from one side of the state to the other. (for all you know) You haven't heard her side, is my point.


But, I think ya'll know me a bit better than that, so I'll tell you a couple things that your prayers have produced!

I got a call from my "ex" divorce attorney. He is pro-actively looking for my file, and hopes to retrieve it soon. (that will make all the liar out of my soon to be ex)! This file has my Pre-Nup, and other important files in it, that will cut wifey's claims off, at the knee. Sorry!



Then, I got a call from Dr Knobler's wife. She is an "Angel". She's had RSD herself, along with Breast Cancer. She also met my "wifey" many times, and she called, when I was in a "weak spot" (I was crying). And so, she started prodding me. I told her in short comments, what was up, and she "got it". She remembered my wife, for trying to take accolades, for looking "so good" for having Six Children!, but, she didn't, she had four, I had two. (well my first wife had two ), but, wifey was Happy to take on the compliments.

This reeked as fake.

Anyway, Mrs Knobler, who is one of my heroes, told me, that ANYTHING I need written by the doctor, for my divorce case (Nothing that's untrue, mind you), would be "Rushed Through" by herself, personally!

Now, how is this for God answering a prayer?

I want to Thank You All!
I am one of those, who believe in the power of Prayer!

And, I have one more BIG thing to do.
That is, to get in touch with the attorney, whom I was "confused into testifying, that I put my wife's name on deed of my house"/ I NEVER DID, but, between her family and mine, we own four homes on the same street. I was in the midst of my TBI. She took my "book" that I was highlighting with side effects of my injury, and showed her attorney how to use it against me.
He Did!

Why, would I put anyone's name on my home, that I built to my spec's for RSD, and bought once from my first wife??? Makes no sense!

Anyway, questions, I'll answer,
but, this is to
THANK YOU ALL!

Pete

Blessings on You!