Check out some similar questions!

sugarmama5014 · Oct 26, 2011, 10:47 AM

Divorced in Tampa FL in 2003. Recently obtained tax transcripts and noted figures which appear fraudulent when compared to final divorce decree.
Was in IL receiving medical treatment before during and after divorce and had no access to records. Ex had opportunity to move/hide assets while I was away and now I need to know what I need to prove it.
Is there a statute of limitations regarding this matter? What does one need to actually prove fraud and what is the best way to obtain it? It appears that my attorney did not act in my best interest as I have recently learned discovery was waived and no forensic accounting done.
Any advice would be appreciated. Thanks.

JudyKayTee · Oct 26, 2011, 10:52 AM

There is no statute but - why did it take 8 years to uncover the fraud?

Sorry to send you to yet another Attorney after it appears you've had one bad experience but that is what you need to do. Someone needs to pull the Court's file, compare your PROOF (not allegations) with the Affidavits and supporting documents which were filed in 2003 and then move forward. In order to PROVE there were "errors" (to put it kindly) you need to present documents containing figures which contradict those submitted to the Court.

Your "new" Attorney can also advise you concerning the conduct of your "old" Attorney. I'm surprised that the "old" Attorney allowed the case to move forward when you were not able to be present or not in the best of health.

And in the category of believe it or not - this happened to me many years ago when I divorced my husband. What he swore to in Court was NOT the true situation. It took us 9 years to get divorced. He and his Attorney were reprimanded by the Court for "verging on fraud."

sugarmama5014 · Oct 26, 2011, 11:24 AM

I was under the impression that my attorney would act in my best interest especially since I was out of state and receiving medical treatment. I received a settlement which outwardly and at the time seemed fair. I needed to review my credit report recently and noticed accounts and activities that warranted further investigation. Now medically stable and thinking with a clear mind I started to investigate my divorce and found that things just aren't adding up. I just need to know what proof is needed and how do I obtain it prior to contacting an attorney and what type of attorney do I need.

JudyKayTee · Oct 26, 2011, 11:47 AM

If you have enough info to believe your allegations (and I do believe you do, you aren't just shooting blind here) make an appointment with a Family Law Attorney. There should be a minimal charge for the first appointment and some law firms will waive that fee.

The Attorney will review what you know/have and advise you how to obtain the necessary documents OR the Attorney will move to obtain the documents. Subpoenas are often required.

How/why it took "so long" is reasonable. Now that you know the truth I wouldn't waste any time locating competent legal counsel.

sugarmama5014 · Oct 26, 2011, 12:00 PM

Do I need a Tampa (Hillsborough County) attorney? I live in Chicago now. Best way to research attorney and how do I know if they are the correct person for the job?

JudyKayTee · Oct 26, 2011, 12:47 PM

I would call your local Bar Association and ask for a referral. I think I would talk to that - Illinois - Attorney and see what he/she recommends. If you have to travel to Tampa (unless you are going there for some other reason) it's going to be expensive, time consuming, etc. Let the "local" Attorney review what you have and make appropriate recommendations, perhaps refer you to someone in Tampa.

Two Attorneys (in different places) often work on the same case for one fee. You don't pay them both their full fee.

(I'm not allowed to recommend anyone.)

sugarmama5014 · Oct 26, 2011, 03:21 PM

My attorney was from Tampa, not Illinois. So, I'm guessing I need to retain a FL attorney. Thanks for all your help. Going to do it right this time!

JudyKayTee · Oct 26, 2011, 03:48 PM

Good luck - and please keep me informed. Someone in Illinois SHOULD be able to tell you if your "proof" is sound and advise you how to proceed.

ScottGem · Oct 26, 2011, 03:49 PM

Originally Posted by sugarmama5014

My attorney was from Tampa, not Illinois. So, I'm guessing I need to retain a FL attorney. Thanks for all your help. Gonna do it right this time!

No, you need to obtain an IL attorney who has an affiliation with a Tampa firm. You want a local attorney who can work with a FL attorney