i found out that my ex wife during the divorce prossess that she took our savings and hid in safe deposit box i inform the court which freeze it but we found later that after we left the court she disopey the judge order and she opened and embtied the box now can i recover mny share of the saving and charge the lawyer of my ex wife for misconduct unethical practice unprofessional........................
Divorce / Separation Lawyer
If there was an Order requiring her to turnover funds and she failed to do so then you can make an application to Enforce Litigant's Rights and seek relief such as contempt of court, attorney's fees and a lien on other assets to compensate you for the loss. I doubt your claims against the attorney would prevail unless the attorney aided her in the hiding of assets. Good luck.
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1 lawyer agrees
Divorce / Separation Lawyer
With all due respect.... if an attorney did this, you need to speak to malpractice counsel. It is "standard within the industry" and "in line with minimal professional standards of competence" to file an EX PARTE (no notice to other side) "order to show cause" seeking an order preventing access to a safe deposit box until both counsel can be there to open it and to film the opening.
If an attorney got an order that she knew of and she emptied it / wiped out the savings - your only challenge will be showing what your damages are (e.g., you're entitled to 50% of what she took).
As far as proving what was there... good luck. Not impossible, but you've unfortunately got an expensive fight on your hands that you may not win. I can't give you odds without knowing what proofs exist.
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