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Old 08.11.2011, 15:38
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Total review of divorce case? How? Where?

Basically I want my divorce (divorce granted recently, custody alimony etc in final stages) totally reviewed as I don't believe I have been fairly or appropriately represented (not in mine or child's best interests) by my lawyer. I had severe depression for the best part of the 5 year long proceedings. I don't speak the language. And was in a financially difficult situation to start with and am now 30,000+chf in debt due to the legal proceedings (that he has dragged on as he said he would and has ruined me financially!)

What can I do? Where do I go for such representation?
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Old 08.11.2011, 15:42
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Re: Total review of divorce case? How? Where?

Throwing good money after bad...
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Old 08.11.2011, 15:59
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Re: Total review of divorce case? How? Where?

You can write a polite letter to the judge, but I don't expect it will help you much.
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Old 08.11.2011, 16:05
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Re: Total review of divorce case? How? Where?

If your ex's situation hasn't drastically changed, I don't think you can change anything now... You saw the judge, you signed the papers, and you let the final deadline pass, I don't really see what you can do now.

I don't know about your situation, so I won't comment on it. But my experience on divorcing in CH tells me that usually judges are very protective of children and mothers, so I'm not so sure they would have let you being ripped of in the final agreement. They have to be sure that the alimony respects the norms applicable in the canton.
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Old 08.11.2011, 16:08
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Re: Total review of divorce case? How? Where?

If you are taking home less than about CHF 800 plus the rent for a small flat, you can claim social security. You can also ask the social to pay the court costs, if it leaves you in poverty.
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Old 08.11.2011, 16:43
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Re: Total review of divorce case? How? Where?

Recent law that has just gone through ..if an agreement has been made between you and your partner, it is very difficult to change what was agreed, even if the partner has now turned into a multi ..
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Old 08.11.2011, 17:33
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Re: Total review of divorce case? How? Where?

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Recent law that has just gone through ..if an agreement has been made between you and your partner, it is very difficult to change what was agreed, even if the partner has now turned into a multi ..
Really ? Source please....

As for the OP's plight.. sad but you have no chance to have anything changed
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Old 08.11.2011, 20:34
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Re: Total review of divorce case? How? Where?

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Recent law that has just gone through ..if an agreement has been made between you and your partner, it is very difficult to change what was agreed, even if the partner has now turned into a multi ..
source of info would be fantastic please
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Old 08.11.2011, 21:06
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Re: Total review of divorce case? How? Where?

I also got totally screwed in my divorce here, was told we were going to a custody hearing by my Lawyer, the child services told the court my son should go to me. My Lawyer said because I was a hausmann and worked only part time and with the divorce lost my job because they said I might leave. I had paid for the move here, bought the new car, did all the housework and grarden, the house increased in value by 400,000 while we were married my lawyer said I should get half. I had just turned 58 and my lawyer told the court I had one third more in my persionkasse here than I had so when the judge split it I had 4,000 left. In court the judge gave my son to my wife, my lawyer stood up said we ask for nothing but I would give half of my monthly income to my wife. Then went on to question my health to me and some other questions to me and not my wife. Told me to sign the papers or my child would be taken away from me. Gave all rights to my wife. And I had to leave the house immediately with 400sf per month and no where to go. I asked for help and was told that arbeitslos is my problem and finding a place to live also my problem. I have went to three places trying to get help on this injustice. The Judge a divorced female, my lawyer and my wife are all in a frauen verine for women seeking divorces, the judge and my lawyer are co founders. My Lawyer was appointed by the court as I had no money left my wife got it all. Had put everything in my wifes name so wouldn't be a problem with taxes, all my money everything she got. I found a small appartment part time work and slept on the floor for two years, my son comes by when he's allowed but overnight from 7 till maybe 11 the next morning is the best it gets, that's because my wife is going out. The teacher said he could go to the the higher school but better if he's the best in a middle school. He begged me to write a protest so he could go to the higher school, I did, it came back that I had no rights to protest for my son. Since my wife was a teacher she would not protest against the school. I sent another letter it came back same as first I had no rights letter was not accepted. No one would help me and my wife is from here. Things are not fair in the courts here.
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Old 08.11.2011, 23:04
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Re: Total review of divorce case? How? Where?

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Basically I want my divorce (divorce granted recently, custody alimony etc in final stages) totally reviewed as I don't believe I have been fairly or appropriately represented (not in mine or child's best interests) by my lawyer. I had severe depression for the best part of the 5 year long proceedings. I don't speak the language. And was in a financially difficult situation to start with and am now 30,000+chf in debt due to the legal proceedings (that he has dragged on as he said he would and has ruined me financially!)

What can I do? Where do I go for such representation?
Don't even think about it, unless you want to face total financial ruin.
I'm sure you'd find a lawyer, one who'd be rubbing his hands with glee and ordering the new car, but you'll get absolutely nowhere and end up even more depressed and 60,000 chf in debt instead of your present 30,000.
What's happened has happened.
I'm sad for you nevertheless.
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Old 08.11.2011, 23:42
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Re: Total review of divorce case? How? Where?

I'm sad for both people who have expressed their grief here.
Hope life treats you better and that happier moments come your way.
take care
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Old 09.11.2011, 01:22
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Re: Total review of divorce case? How? Where?

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Don't even think about it, unless you want to face total financial ruin.
I'm sure you'd find a lawyer, one who'd be rubbing his hands with glee and ordering the new car, but you'll get absolutely nowhere and end up even more depressed and 60,000 chf in debt instead of your present 30,000.
What's happened has happened.
I'm sad for you nevertheless.
exactly... lawyers love litigation ... it's plenty of $$$$$$$$$$
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This user would like to thank couta for this useful post:
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Old 09.11.2011, 01:46
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Re: Total review of divorce case? How? Where?

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Basically I want my divorce (divorce granted recently, custody alimony etc in final stages) totally reviewed as I don't believe I have been fairly or appropriately represented (not in mine or child's best interests) by my lawyer. I had severe depression for the best part of the 5 year long proceedings. I don't speak the language. And was in a financially difficult situation to start with and am now 30,000+chf in debt due to the legal proceedings (that he has dragged on as he said he would and has ruined me financially!)

What can I do? Where do I go for such representation?
I would not advise you to take a new lawyer and generate more costs then what you already have.
What you should be able to do is complain to the Lawyers Bar Association in you area (Anwaltskammer). I know it is feasible in other countries to get them to investigate if your lawyer worked against your interest.
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Old 09.11.2011, 11:56
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Re: Total review of divorce case? How? Where?

There are at least a couple of legal aid places in Geneva to get free or low cost legal help, like permanence juridique. They do family law along with some others.

Here are the addresses:

http://www.permanence-juridique-geneve.ch/index.php

https://www.odageneve.ch/fr/permanence
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Old 09.11.2011, 21:38
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Re: Total review of divorce case? How? Where?

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I would not advise you to take a new lawyer and generate more costs then what you already have.
What you should be able to do is complain to the Lawyers Bar Association in you area (Anwaltskammer). I know it is feasible in other countries to get them to investigate if your lawyer worked against your interest.
Yes I went to them, left all my papers. The one said wow she would go over it. Later I got a letter from them, that I shouldn't of been there and not to come to them for help. Find someone who would go over this. The what would u call him the higher up in charge of the Awaltskammer. He told me I am not to come back and asking for help about another Lawyer's misrepentsation is not there job and not to look at. With no money I couldn't go anywhere else. Even showed where my Lawyer gave wrong amount in my pension fund. And her questioning me in court not my wife.
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