Is losing a lot of money in day trading before divorce something that can be fought in court? Is losing a lot of money in day trading before divorce something that can be fought in court? Husband had already moved out and lost a lot of money day trading but was not divorced at the time. To be fair he did make money prior in day trading but then he lost most if not all of the money after he moved out and before the divorce. Can this asset be retrieved in a court proceeding and say that he was squandering money?
This is complicated. This is state dependent, and as of time of writing, you haven't disclosed what is the relevant state. This is something you should hire/retain a (divorce) lawyer, and discuss with them. The law can be messy; divorces are always messy. The answer is the most common answer in law: it depends, on specific facts. See above, get a lawyer. The first question is &quot;is the money in this investment account a shared asset that I have any claim to&quot;. The answer is &quot;it depends&quot;. What state are you in, and where did this money come from? Depending on various factors, the answer might very well be &quot;no&quot;, in which case, this money (and it's loss) may not affect you at all. If you do have some claim to this money, then it gets even more complicated. &quot;Can this asset be retrieved in a court proceeding and say that he was squandering money?&quot; Maybe, kinda. Technically no (because of the way you phrased that). I'll explain. In a divorce, &quot;shared&quot; assets are divided equitably (Note &quot;equitably&quot; does NOT mean &quot;equally&quot;) based on numerous factors, often on a case-by-case basis, and which factors depend on the state. (Therefore, the lawyer you retain should be licensed in the state you/your husband are filing for divorce in). Before your divorce, both sides have (in general) the right to use shared property. They do not have the right to intentionally damage or destroy said property. One complication/grey area is normal use that degrades or damages the value of said property. For example, imagine a classic sports car. Many people drive them for fun; this is normal use. On the other hand, using a classic sports car decreases the value. Is using the sports car unreasonable damage? This is a fact based determination to be made based on specifics. Can this asset be retrieved in a court proceeding [if I] say that he was squandering money? (correction to what I think think you meant). Maybe, but probably not. You can say whatever you want in court, but what matters is what you can prove, as you are the bearing the burden of proof due to making the accusation (and you must prove it to the standard required by the court in your case for your particular motion/accusation, which might be the standard of &quot;the balance of probabilities/more likely than not&quot; or &quot;clear and convincing evidence&quot;, or something else; it's complicated, fact dependent and state dependent, so get a lawyer). You don't need to prove that he lost money. If he was day trading before, the fact that he was day trading after the separation is not held against him; day trading is risky, therefore you have to prove that he intentionally lost money (and, potentially, that he intentionally lost money to deny money to you in the divorce, as opposed to e.g. tax loss harvesting). I would recommend hiring a divorce lawyer and discussing it with them.
Unless you received an order from the court prohibiting contact, it might be legal; but it's probably not the best idea. Let the lawyers handle it Attorneys have far better, more effective means of dealing with this situation than the course of action you describe. Lawyers have productive tools to accomplish the job and they know how to use them. For example, assume the best-case-scenario results from your idea and you get the other side to admit their affidavit is fallacious in some way. "Aha!" you shout. "Success! Daylight!" But then what? It's not on record. You can't testify to the admission because that's hearsay. Now imagine they next share this information about your little conversation with the counterparty that had them sign the affidavit in the first place. After first being alerted of your concerns, they both now act in concert to shore up their stories and you never see that "daylight" again. Contrast that outcome with one where your guy or gal's attorney deposes the witness under oath, gets them to concede to your version of the facts then introduces the deposition as favorable evidence at trial. That's a much better outcome for "your side." Wouldn't you agree? Be wary of unintended consequences Generally speaking, such direct contact between the parties is often problematic and rarely helpful. (Except, in some cases, when direct contact between the parties leads to a negotiated settlement. Which happens far less often than the direct contact going sideways making the situation even more intractable.) Before you launch off on your own and do something that might be counterproductive. First, identify the areas of the affidavit that you think are inaccurate. Give that information to the party you support, then have them run it by their attorney to figure out the best way to handle the situation.
This is very, very weird. I've never heard of a case like this one. Is there some context that could explain why anyone would refile a divorce someplace new twelve years after getting divorced the first time around? The logical thing to do if Canadian civil procedure is at all analogous to U.S. civil procedure on this point, would be to have a Canadian lawyer file a motion in the Canadian divorce case to set aside the judgment on the extraordinary grounds that you were not married any longer at the time that the 2015 divorce was filed, seeking to set aside the 2015 case ruling. In most U.S. jurisdictions with civil procedural rules modeled on the federal rules of civil procedure (California's are not), this would be a motion under Rule of Civil Procedure 60, but obviously, the Canadian rule numbering would probably be different. Alternatively, if the home is in California, you could bring an action for declaratory judgment declaring that the Canadian judgment is invalid because it was brought in a divorce action between people who were already divorced and probably also lacked jurisdiction over you and the property. I'm not sure what you mean by CPL in this context. Normally, in a real estate context, a CPL would mean a "closing protection letter", but in the context you are using it, it sounds like you are referring to something akin to a lis pendens or a lien. Perhaps you mean a "certificate of pending litigation" which is another name of a lis pendens in at least some Canadian jurisdictions (but is terminology rarely used in the U.S.). This sounds like slander of title, or "abuse of process" or the filing of what is known as a spurious lien, any of which are actionable, but without knowing what a CPL actually is, it is hard to know.
A lawsuit is designed to put you in the position you were in before the sale happened. Since the company has already offered you a full refund, suing would achieve nothing except cost you fees; your time and frustration are not legally recompensable. It may be that some consumer-protection office can fine this company for misleading advertising; the case would turn on whether the mistake should have been noticed before customer support sent a false confirmation. If you want to start the process, you should make a formal complaint to your local trading standards/customer service office. You will get no reward except relief to your feelings.
What remedies are therein the United States? I would imagine that the witness could be prosecuted for perjury. My guess is that the plaintiff could prosecute the witness for the lost damages. Are there any other remedies like reopening the original trial or declaring a mistrial so that the plaintiff could sue the (deep-pocketed) defendant, or would this be double jeopardy? Perjury prosecutions are like unicorns. They are rumored to exist but are almost never seen. A prosecutor would be exceedingly unlikely to bring charges in such a case, but it might not hurt to ask. Even if the criminal prosecution prevailed, however, the defeated plaintiff would be no better off, or might get out of pocket court costs as restitution at most. You could request that the witness be sanctioned for contempt. But, this leaves the loser in the original case no better off unless the judge made the highly unusual decision to award compensatory damages as a contempt sanction. Similarly, if you have reason to believe that the attorney knew that the testimony offered was false, that would be grounds to grieve the lawyer which could result in the lawyer's suspension or disbarment, but that is very difficult to prove and again would not advance the unjustly defeated plaintiff's cause. Assuming that the time to move for a retrial (usually two weeks) expired when the new evidence was discovered, you could move to set aside the verdict (Federal Rule of Civil Procedure 60 or the equivalent state rule). The deadline for such motions based upon fraud by an adverse party is usually six months. Sometimes an independent action to set aside the verdict for fraud on the court could also be brought (sometimes within two or three years), which is an uphill battle, but probably the best option if all other deadlines have expired. The witness probably has absolute immunity from civil liability outside that court case for the testimony offered, so a civil action suing the witness for lost damages would be dismissed. The doctrine of double jeopardy does not apply, but a similar doctrine called "res judicata" (a.k.a. "claim preclusion") prohibits retrying a case that was tried on the merits between the same parties, if it has become a final order. So, filing a new case is ruled out assuming that no appeals were filed within the deadline for doing so. And, even if the deadline for filing an appeal has not lapsed, it probably wouldn't prevail because the key new evidence wouldn't be in the record. It would be better to file to set aside the judgment in a motion and to appeal if that motion was denied.
I am just a foreign patent attorney who is studying common law to pass the California Bar Exam, but I will present my personal view. (I cannot guarantee the validity of my theory) There is an equitable theory called Constructive Trust. If it is established, the victim is entitled to benefit of any increase in value of defendant's (thief) property, meaning in this example victim (plaintiff) can recover $100 million. In order to assert CT, the following must be met: Wrongful appropriation; Here, D stole lottery ticket. Met. D has title; Here, D has title to $100 million. Met. P can trace his property to D's property; P can trace from P's $1 lottery ticket to its possession by D and collection by D of $100 million. Met. Unjust enrichment by D; D was enriched by stealing P's property (the lottery ticket). Met. Thus, it is highly possible that a court will order D to hold the property ($100 million) in constructive trust for P. This means, in plain language, that P will recover $100 million.
The underlying assumption in this question seems to be that because A received defective professional advice from V, F may be free of blame. I believe that assumption is wrong. The gist of the question is this: Suppose a fraudster's deception causes a person to take a course of action they wouldn't have otherwise taken. As part of that, they suffer losses due to a second person's tort. Is that loss recoverable from the fraudster as well? In the scenario given, there are clearly two parties that are to blame for the loss: The fraudster, who perpetrated the fraud. The professional attorney, who gave defective advice. The fact that there also exists a second party that may have contributed to the loss does not in any way absolve the first party from blame or from being liable for his actions. In a tort case, it is always the person that caused the loss in the first place (the tortfeasor) the victim (A) should seek relief from first. So F is in no way “safe from litigaton”. In the event that the tortfeasor is not being able make full restitution (e.g. he is already bankrupt), A may sue V for professional negligence to recover his loss. However, to prevail, A vould must be able to prove that V has made critical errors that no “reasonable attorney” would have made. That is sometimes pretty hard to prove (it obviously depends on how clever F's deception was, and whether the number of hours A allowed V to use for due diligence should have been sufficient to uncover the deception). As for legal precedent, I am not aware of a single case where a fraudster has not been held liable because the victim of the fraud has sought professional advice (but it is of course not easy to locate precedent for something has not occured).
Usually and ideally, a GAL would take an active role in parenting questions, while taking a secondary role in property division and maintenance with the primary concern being that the economic arrangements are sustainable and don't subject the child to hardship when with the other parent (e.g. many divorcing parents fail to realize that maintaining two households will result in more child related expenses than one). I will assume that you are asking from the perspective of a party to the divorce and not from the perspective of a mediator, although the phrasing is not entirely clear. Some basics: Have a good command of the facts about your finances, your ex's finances, and the children's schedules and needs (assuming that there are children). For example, it would be good to have school calendars as far forward as they are available, to know the children's medical providers, and to have a firm command of their extracurricular activities, their friends and the requirements of any childcare providers. Often child support worksheets will be mandatory for a settlement to be approved, so get those worksheets and fill in the facts you know already. Bring a calculator so you can consider new assumptions and evaluate financial proposals accurately. If you think you have received inaccurate disclosures, be prepared to explain in detail what you think is inaccurate and why you think that this is the case. If domestic violence has been an issue, there are restraining orders that are or have been in place, there are abuse or neglect allegations present (including emotional abuse of a spouse or children), or the co-parents have had trouble coordinating and reaching decisions without outside assistance, be prepared to explain these situations in factual detail so you can avoid summarizing the situation in a vague way. Bring anything you might need to refresh your recollection about relevant facts with you to mediation. If you haven't received full disclosure of your spouse's finances, insist on receiving that, ideally before going to mediation and absolutely before reaching a deal. Spend time considering possible resolutions of property, maintenance and parenting matters in advance. Very early on in mediation each of you will be asked what you want and mediation shouldn't be the first time that you have thoughtfully considered the question. Spend time thinking about what you need on a non-negotiable basis to survive - to be able to meet basic needs for food, shelter, clothing, health care, etc. for you and your children, and also about what your ex needs and how your ex can achieve it. Proposing ways to achieve objectives that your ex hasn't considered that are viable is a good way to get a resolution. Ideally, attend a parenting class (mandatory in many jurisdictions before getting a divorce that involves children) before attending mediation. Keep in mind that children are not prizes or bargaining chips and that you need to consider their needs as well as your own. Your kids love both of you even though you can no longer manage to live with each other. Do not utilize the children as sounding boards for mediation stances and do not try to use them as decision makers or conduits for communication between the co-parents. Recognize that in most states, marital fault is irrelevant, and that starting a new relationship is natural and routine, even if it makes your skin crawl that your ex is starting a new relationship. Take an attitude of focusing on what the deal does for you rather than what the deal does for your ex. This is about you getting what you need, not about making your ex worse off. Be prepared to walk away from mediation without a deal if necessary, because your ex won't accept a reasonable deal. Maybe half of mediations end without a settlement. Recognize that it may be possible to reach partial resolution (e.g. splitting up tangible personal property; figuring out how holidays will be handled with the children; agreeing on schools that children will attend; figuring out who, if anyone, will continue to live in a marital residence; stipulating to the value of particular assets; stipulating regarding each party's income; stipulating regarding what is and isn't separate property where you can agree; agreements to disclose information), without resolving all issues. Partial resolutions reduce uncertainty and make it easier to prepare for and conduct a permanent orders hearing on the remaining issues. Even if you can't afford to hire a lawyer to represent you in the entire case, pay for an hour or two of a lawyer's time to evaluate what kind of property division, maintenance award and parenting arrangements are within the range of the possible and likely if you go forward to a permanent orders hearing. Be prepared to put the terms of anything that is agreed to at mediation in writing. Mediators will usually tell you if they need forms signed, payments made, or a "mediation statement" in advance. Do everything required on time. A "mediation statement" is a summary of the key facts and your position on a fair resolution and could be a couple to a dozen pages depending upon the complexity of the case. Be clear in a mediation statement about what is O.K. to share with the other side and what is for the mediator's information only. When a mediator asks for a mediation statement the main reason for doing so is to save time that the mediator is charging you per hour for 50-50. A mediation statement can make getting the mediator up to speed on the facts more efficient and less likely to omit important facts and the mediator needs to learn the key facts to be effective.