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Safe deposit box

Jersey City, NJ |

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........................

Attorney Answers 3


  1. Is the divorce over? Are there any assets you could recover from? You will need to end up with a judgment requiring her to pay you. Good luck.


  2. 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.

    IMPORTANT LEGAL NOTICE: The response to the question posted is not legal advice and it does not create an attorney-client relationship. The response is intended as general information based upon the facts stated in the question, and is provided for educational purposes of the public, not any specific individual. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Responses are based solely upon New Jersey law.


  3. 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.

    IF YOU LIKE THIS ANSWER AND APPRECIATE THE TIME IT TOOK TO WRITE IT, PLEASE SELECT IT AS "BEST ANSWER." Thanks. The above is said without seeing your case file and without my understanding the entirety of the facts of your case. Depending on those facts, the above information be may incomplete or may be completely inaccurate. The above is intended as general information only based on what you described and not as legal advice. I advise you to consult with counsel who may be able to provide better information commensurate with a better understanding of your situation.

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