My divorce has been dragged out for 2 years and 8 months. I’ve have to continually compel discovery, and have had 2 contempt of court hearings scheduled, which he was able to avoid by completing said requests only a day before hearings.

My spouse is a high income earner (some years have exceeded $1,000,000. Based on bonuses. I have been a stay at home mom for 18 years.

Going into this divorce I knew my spouse had 5 years worth of tax extensions. Typically with the deductions from rental properties we had gotten refunds every year.

During this process my spouse has:

-Drained and closed all joint accounts
-Closed kids bank accounts where we were both custodians on the account. Opening new accounts for them with himself as the custodian.
- Sold off over a million in stocks, purchased a brand new home cash and lives a very lavish lifestyle.
- Transfered or cashed out IRA’s (I’m not sure which) I just know they aren’t shown with our provider anymore).

Through this process I have repeatedly asked my attorney to obtain temporary support, and she always has some excuse. The last time I asked her (back in October) she told me the judge doesn’t want to make a temporary ruling since we are “so close”. Close to what I have no clue, since my spouse hasn’t complied with discovery. I have amassed 25,000. In credit card debt. Supporting the needs of our household and children. My cc is now maxed out and I have no income to pay the minimum payments. I’m literally selling things to feed my kids, and my spouse has an enormous income.

This last contempt ruling to complete tax returns put me over the edge. Taxes were completed, with over $300,000. In capital gains taxes due to the IRS. My attorney told me I needed to sign the joint returns. It’s at this point I sought a second opinion (3 days ago). I had to go out of town because my spouse conflicted out all the top rated lawyers in my town.

This other attorney was flabbergasted that my attorney hasn’t sought support, didn’t file an account freeze for the stock account that I have been raising concern about for over 2 years, and that she is telling me to sign the joint returns with no escrow accounts or liability agreements. My spouse has withheld statements for the stock account years that amassed the large capital gains, but provided the following years statements.

Here’s a quick breakdown of our divorce, finance timeline.
2011 - spouse had affair with stripper
2012 - I filed for divorce. He promised to change, we entered counseling. He stopped filing taxes this year (until just recently when compelled)
2013 - I dismissed divorce. Apparently (I’m still not sure until I get account statements through discovery) he amassed $175,000. In capital gains taxes from selling stocks. (I had no idea)
2014 - no taxes filed. Amassed $125,000. In Capital gains from selling stocks. (I had no idea)
2015 - I filed for divorce when I found a text between him and an escort haggling time and price for sex.
2018 - divorce is still pending, I’ve received no support (he does pay mortgage and some utilities). He has spent liquid assets in an approximate amount of over a million dollars. I can no longer pay my attorney because I’m getting no support and my credit card is maxed out.

I don’t understand how any of this is legal, or why my highly rated attorney hasn’t done more. After meeting with the second attorney this week I sent an email to my attorney’s office stating she has by the close of business Monday to file for support. She needs to subpoena the missing records, and my conditions for signing joint returns.

I guess I really didn’t ask any questions in that long rant. I’m just beside myself that I may walk away from this penniless and in debt, since both attorney’s have stayed the taxes will be a marital debt (though legally I don’t have to sign and put myself on the hook with the IRS).

I have decided that if my attorney does not complete my request by Monday I am firing her. Though I would rather not have to do that.

Does a forensic accountant have to be hired to prove foul play, or would the court accept evidence if it can be figured out without an accountant?

Get a new attorney! Look for an AV rated attorney...meet for consultation, explain everything.

At first my domestic attorney told me to file jointly and I said no because of the self-employed husband's creative IRS filings. I finally retained a tax attorney and his CPA is doing my taxes as head of household (I work). The tax attorney is there in case I need to claim innocent spouse. I am nearing retirement and I can't take the IRS hit that may happen due to the under and over reporting that the husband did. The tax attorney will draft the indemnification clause that will be secured by real estate that my husband will do his best to retain in the divorce. My husband's CPA did shady things over the years like filing the joint taxes without my signature or with my forged signature. Protect yourself. Consult with a tax attorney.
Our children are 22 and 21 and not considered by the court or my attorney. However, any family attorney should be fighting for your children in an attempt to stabilize their daily life. I retained my prominent attorney the day after he left and we watched money moved, liquidated and squandered. She was hoping to settle with someone who feels ever penny is his. I have spent a boatload of money for where we are which is the pre-trial settlement conference. I don't expect much there.
I haven't cut ties with my attorney because of the money and the great possibility of retaining a comparable attorney. In your case with minor children there must be someone who will represent you and them. Is there a reason you won't go with the new attorney? You need someone who will advocate for you not hinder the grueling divorce process.