I've filed a motion to vacate and found instances of fraud but while investigating this found my ex had broken into my email and had been faxing them to his attorney. They included emails to my attorney and showed my state of mind. It was an abusive relationship and as mediation approached became worse with daily verbal, mental and financial abuse. I ended settling in part because I couldn't take any more which I believe he knew I would from my emails and why it intensified. I had a terrible attorney whom I begged for help but did nothing, I also ended up with an unbelievably bad settlement.
How strong of a part could this play if any in vacating the settlement?

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Originally Posted by angelina8

... They included emails to my attorney and showed my state of mind. ...

I ended settling in part because I couldn't take any more which I believe he knew I would from my emails ...

How strong of a part could this play if any in vacating the settlement?

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I'm guessing he didn't need information gleaned from hacked e-mails to know your state of mind.

Please explain how knowledge of your state-of-mind contributed to his ability to befuddle you into accepting an unfair settlement.

And how do you know he "hacked" your e-mail communications to your attorney? How did he do it exactly? Did he have physical access to your computer?

It was my office computer at our co-owned business. He did not know how badly what he was doing to me was effecting me. After writing my attorney to tell him my therapist had diagnosed me with PTSD due to the non stop abuse my ex intensified it by coming daily as soon as I arrived ti my office, yelling, intimidating, humiliating me in front of employees and tried physically attacking me 3 times. He started taking all income so I had nothing to live on. My utilities were scheduled to be turned off the week of mediation. I told my attorney by email if I received the business in my state didn't think I could run it.
My ex removed all records so I didn't know he hadn't paid any bills for 2 months and refused to compromise on anything but me accepting it. I did feeling desperate and walked into $120,000 in past due bills and overdrawn account, no alimony while he took 35 properties,most paid for and the money he had withdrawn from all personal and business accounts. He counted on me having the business and house (starting foreclosure) foreclosed on or the business shut down when I couldn't pay the $15,000 past due utilities due in 4 days he took an extension on. He would then bring everything current with money he took and leave me with nothing.
I know of the hacking, which included wiretapping and remote security camera films after the man who installed them came to be paid after I took over and told me also giving me his and his GMs passwords. I also found copies of my emails from July - August with fax cover sheets to my exs attorney.

You have an attorney, discuss this with your attorney.

If he access corporate e-mail accounts, listened in on corporate phone lines and used security cameras placed on corporate property and he was a part owner of the business, then I doubt if that could be considered illegal. It was foolish of you to conduct personal business using company facilities and I believe a court will see it that way.

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Originally Posted by angelina8

I've filed a motion to vacate and found instances of fraud but while investigating this found my ex had broken into my email and had been faxing them to his attorney. They included emails to my attorney and showed my state of mind. It was an abusive relationship and as mediation approached became worse with daily verbal, mental and financial abuse. I ended settling in part because I couldn't take any more which I believe he knew I would from my emails and why it intensified. I had a terrible attorney whom I begged for help but did nothing, I also ended up with an unbelievably bad settlement.
How strong of a part could this play if any in vacating the settlement?

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I don't view this as fraud per se but a case of you being taken advantage of. If your attorney didn't do anything in your case that you felt was proper and this cost you a considerable amount of money lost he may be able to be sued for malpractice. But this would be next to impossible to properly prove and for you to win as suing an attorney is not a case every attorney would want and they would not take this on a contingency basis either meaning you'll have to pay upfront.

If you can somehow retain another attorney he could file a motion for the judge to review the settlement citing the inequity of the asset split. May work if you can find a smart enough attorney to word it properly and present it properly. Don't go back to the original attorney as he's the one who let this happen to you. I've seen this happen before as the client became a pain in the behind and the attorney ended up putting on blinders and stopping up his ears. Quite common in divorce cases. You are not the first woman to be sideswiped by an attorney in a divorce matter. Don't despair. The judge just MAY enter a new equitable settlement if approached properly.

Yes, if you used personal email, Yahoo or something, that is one issue,

But if you used company equipment, at work, owners can legally review those.

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Originally Posted by angelina8

It was my office computer at our co-owned business.
...
I know of the hacking, which included wiretapping and remote security camera films after the man who installed them came to be paid after I took over and told me also giving me his and his GMs passwords. I also found copies of my emails from July - August with fax cover sheets to my exs attorney.

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Wiretapping and video surveillance are not "hacking".

So a man your ex-husband hired to install the wiretap and the secret camera told you about all of this? He gave you your ex's password and your office manager's password. Did he have your password? Did your e-mails (which you say had been printed out and faxed to your ex's attorney) have some sort of password protection, which you hadn't shared with your ex?

Again, I don't see how that this information, if shared by your ex to his attorney, affected your case to your disadvantage. If, however, his attorney received your private information, knowing that it had been covertly intercepted, the attorney could be sanctioned. That would probably be your only remedy.

I didn't use corp. email or do personal business at the corp. I did check my email there as I often had business information sent to it. By remotely monitoring my computer he obtained the password. I suspected this once and changed it from home and never accessed it from work again but he continued, I now know to access it. My home was broken into almost weekly during this time but nothing was ever missing so I suspect something was also on my home computer.
I do believe you are wrong regarding his right to violate privacy even though an owner. From what I've read the only way computers, email, phones may be monitored at work is if it is in the corp. handbook policy and those monitored are aware of it.
I had no password to access the monitoring as I was never told it existed. My email, Yahoo had its own password which was shared with no one.
I believe it effected the outcome as my last emails to my attorney were desperate pleas to do something as I had no groceries, gas and my utilities were going to be turned off. This gave him the unfair advantage of not negotiating , forcing me to take the only thing offered or live in the dark with cold water, no food and unable to go anywhere for a month and a half until trial.

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Originally Posted by angelina8

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I believe it effected the outcome as my last emails to my attorney were desperate pleas to do something as I had no groceries, gas and my utilities were going to be turned off. This gave him the unfair advantage of not negotiating , forcing me to take the only thing offered or live in the dark with cold water, no food and unable to go anywhere for a month and a half until trial.

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He didn't have a clue about your financial straits but for his interception of your e-mails?

I suspect that he would have refused to negotiate in any case.

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Originally Posted by angelina8

I do believe you are wrong regarding his right to violate privacy even though an owner. From what I've read the only way computers, email, phones may be monitored at work is if it is in the corp. handbook policy and those monitored are aware of it.

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Nope. There have been several cases where a company's right to monitor usage of corporate property has been upheld. It does not require a stated and published policy. However, you being a co-owner might complicate matters.

But, as noted before, this should have been handled by your attorney. That's who you should be discussing this with. If you were in a position of desperation your attorney could have applied for emergency relief, not cave in on a settlement.

Oh guys. I wish some of this could help. Maybe nothing can. Yes, my attorney should have done something. I begged him to. But he should have done a lot of things he didn't - like depositions and discovery. And not lie to me about what was in the settlement and addressed all the hidden assets I found on my own which my ex kept. I know he is responsible. I did what I could have his job for him. With no access for money for food paying a new attorney to take over was pretty much out of the question,
I was too beat down after daily attacks including strangulation attempts and other things too terrible to mention my attorney advised me not to report to police as it would make matters worse to fight anymore for myself. I was alone with no one to defend me other than my attorney. I know its malpractice but he says he doesn't have insurance.
I'm stronger out of the marriage now, trying to become educated and find a way to fight back and regain at least some of what I should have received after working 25 years. Most of what I'm learning is I was first screwed by the ex and then the justice (?) system. I'm starting to just accept I'll probably be working graveyard at Dennys for the rest of my life.

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Originally Posted by angelina8

Oh guys. I wish some of this could help. Maybe nothing can. Yes, my attorney should have done something. I begged him to. But he should have done a lot of things he didn't - like depositions and discovery. and not lie to me about what was in the settlement and addressed all the hidden assets I found on my own which my ex kept. I know he is responsible. I did what I could of his job for him. With no access for money for food paying a new attorney to take over was pretty much out of the question,
I was too beat down after daily attacks including strangulation attempts and other things too terrible to mention my attorney advised me not to report to police as it would make matters worse to fight anymore for myself. I was alone with no one to defend me other than my attorney. I know its malpractice but he says he doesn't have insurance.
I'm stronger out of the marriage now, trying to become educated and find a way to fight back and regain at least some of what I should have received after working 25 years. Most of what I'm learning is I was first screwed by the ex and then the justice (?) system. I'm starting to just accept I'll probably be working graveyard at Dennys for the rest of my life.

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Many attorneys slow down when the money isn't there anymore. Its nice to think there is justice in the system but in civil courts where family law is concerned there is no true justice. Your lawyer upon seeing how broke the situation was couldn't really do anything more because it would run up the tab. You can fight rulings but it can take a great amount of time and massive proof on your part. Hiring a lawyer to do it all for you wouldn't mke it worth it either. Best to cut losses and ties and move in a forward direction. Many that have been through divorce have the same feelings as you do. Just remember that so long as your breathing there will be a tomorrow. Keep moving forward.

Thanks for being so nice. My attorney never did anything to start with but file the necessary paperwork and show up at pre-trial, mediation and charged me for reading my email which I'm not sure he ever did. Not much for $40,000 when I lost everything. It wasn't he couldn't do anything because the money had ran out. My soon ex had plenty of money half which was mine which he continued to take from our business and all the money from our accounts he had withdrawn. My attorney didn't even ask for attorney fees though he was told to. I was the only one with no money but would have had it if he had filed an emergency hearing to stop my husband's thefts, attempted to get me temporary alimony or removed him from the corp so I could run it like he tried to do to me.
Its hard to stop trying to find a way to right this wrong after working 60 hour weeks for 25 years and face losing the business I worked for, my home, unable to find a good job having quit college to work the business and raise our children. Having worked hard and become part of the community its very hard to see myself homeless, on welfare, waiting tables, possibly serving my past employees and my ex with his 20 year old stripper girlfriend.. He probably wouldn't even leave a tip!