Legal advice requested regards my divorce

1. Are you legally able to file yourself as indigent to obtain services from a Divorce lawyer for free when you have assets (large amounts) in the bank, but your payroll makes you out to be a pauper?
2. When you fill out papers for your Tax preparation man to represent both you and your spouse, and then he fills out the form for a divorce in assets between you and your spouse but then omits all of the assets you have filed together in taxes on your divorce. Is this also legal? I mean if he represents both of you in tax preparation but then doesn`t represent the both of you while filling out divorce form is this legal?

Please someone with a sense of law here please try to help me out. Thanks

Get thee to a lawyer. This is no place for advice like this.

1. You aren't indigent if you have assets
2. If you jointly submit a tax declaration then you jointly sign for it's content and truthfulness. Providing false or misleading information for the purposes of a divorce financial agreement is illegal.

Hi,
1. Are you legally able to file yourself as indigent to obtain services from a Divorce lawyer
LG2G:> Yes. All you have to do is go to the county court (Amtsgericht) in your vicinity, ask for the Rechtsantragsstelle, tell the officer your story "Whay you need legal professional help", show them that you are poor and have no income. Then you will get a "Beratungshilfeschein". That will pay your attorney – in general.

for free
LG2G:> Your can take E 10 -- or not. He may not take more.

when you have assets (large amounts) in the bank,
LG2G> If so the case, then you are not entitled to legal aid.

but your payroll makes you out to be a pauper?
LG2G:> that alone does not count. Your total assests and income count!

2. When you fill out papers for your Tax preparation man to represent both you and your spouse, and then he fills out the

form for a divorce in assets
LG2G> This is unclear as there is no such form. You only apply to taxed either seperatly or together. For the year in which you separate you still (and for the last time) file jointly. That is legal.

between you and your spouse but then omits all of the assets you have filed together in taxes on your divorce. Is this also legal? I mean if he represents both of you in tax preparation but then doesn`t represent the both of you while filling out divorce form is this legal?
LG2G> So it seems that you have an attorney doing your taxes and your divorce. Hm. This is a bit tricky. I tend to say that your attorney is in conflict of interest -- unless 1.) you are divorcing amicably and 2.) he will be doing your joint taxation for the last time. I tend to say that beyond such scope as described, this will surely be a conflict of interest for the attorney. Conflict of interest means to your attorney, that he will have to lay down all cases -- ASAP. Conflict of interest is serious offense against professional rules of attorneys!

Hope my 2 cents help...

Alexander

Let`s go into detail a little here. It`s me with the problem. Our tax man has a typed paper that he had both my husband and myself sign that he has represented us for the past five years, however my husband needed a financial statement (that he couldn`t fill out by himself) so he had the tax man fill out the form. I received my divorce papers yesterday in the mail. The tax man filled out this form for my husband`s divorce (I know he did because my husband left it laying around). But it only had the smallest of six assets that my husband and myself both file taxes on jointly. The man omitted the larger ones on this form.

My husband in turn sought and got a free legal service by using his payroll when he has assets of one being 72,000 euros out of 6 othre assets. Is this divorce paper then legal Only stating the lowest amount on it as his assets.

Hi,

This sounds like a clear fraud! Go to the police and report it. If your not fluent in German better have an interpreter with you! You can also hire an attorney to file a complaint directly to the district attorney. However, do not try to blackmail him with your knowledge -- sooner or later -- it will backfire!

Alexander

Again it is me - Is it a conflict of interest for the tax man to represent us both and then fill out the form just representing my husband only, and not stating the real truth on it.

Knowing that he lied to get free legal services is this divorce paper now not valid as he does have assets to pay for a legal divorce.

One person is the lawyer the other person is the tax man. Both people I believe, did an illegal thing here.

Well, sounds like you need help filing a complaint against the Steuerberater now.

Do you have your own divorce lawyer?

Just re-read this. Sounds like the only fraud SO FAR is your h's misrepresentation to get Prozesskostenbeihilfe. That's probably a simple thing to report - courts will take down reports for you in many cases.

So the tax man didn`t do anything illegal? Isn`t he a conflict of interest also. Representing both of us then just one of us, and then falsifying a legal document? No, I do not have any money myself all is in my husbands name. And I have 2 weeks to do something about this as stated in my papers. Plus the louse had it all written in German language and I can only read English. He also is American but can understand this language where I can`t, but because the services were free they arrived to me in German language. I am the one in dire need here as I do not have any money, he works, but I don`t think that there is free legal services to represent myself in English. Not all of his assets were declared and he used a free legal service as well just so that he wouldn`t have to pay for an attorney. Isn`t this against the law getting something for free when he sure as hell can pay for it.

Isn`t he then being misrepresented? Declaring false information to obtain free. And if he is using free in one law firm then I can not use the same firm as then it would be a conflict of interest.

The tax man is the one who filled out the form by only putting down the smallest asset my husband has (omitted the very large ones) when he just did our taxes again for the fifth consecutive year knowing full well what all my husband has for assets that we file jointly together each year. He did this so that my husband could obtain free legal services. The divorce papers came stating that I would get just the lowest amount of his assets (one out of six). First this lawyer, I believe can not represent him, as my husband misrepresented himself and secondly I believe that the tax man committed fraud by being my representative as well. A conflict of interest.

What do you mean by "divorce papers" ?? It sounds like you're signing things you don't understand. German law might not even be applicable for your divorce - you need your own lawyer.

Look, forget the moralizing who's-wrong guessing game for the moment. Your beliefs about who's permitted to do what aren't helping you here.

You're in a country where you don't speak the language, and you most certainly do not understand the system. You have your own skin to save.

If you want to get him on the fraud, what you do is you go to the court (Amtsgericht), say you want to report a Prozesskostenhilfebetrug (legal assistance fraud), and ask for an appointment with someone who can speak English. Then you bring copies of whatever papers you have, especially documenting assets, and the names and contact data for all three guys. The court will line it up and go after them. Alternatively you could go directly to the Staatsanwaltschaft, but you sound bloody fuzzy on the details and my guess is that the person who handles Prozesskostenhilfe at the Amtsgericht will be more helpful. They'll pass the file on to the Staatsanwaltschaft if they think there's been fraud committed, and they'll figure out who was wrong, where.

Thanks to all who have helped me. I just needed to know if I had a leg to stand on here. Thanks believe me.

Get your own lawyer a.s.a.p. You can get Prozesskostenbeihilfe too, since you haven't got any income. Thing with the Prozesskostenbeihilfe is, it is not free. It is free at the time, but you pay it back later in small installments. And your husband will need to do the same. Unless someone gets to him and proves that he lied about his income or assets, then he probably has to pay it back at once. Shouldn't be your concern right now, just take care of your interests.

Find a lawyer who speaks English or find someone who can go with you to a lawyer and speaks German. Do not sign anything!!! you dont understand.

If you have access to any of the assets go and transfer whatever you can into an account in your name. Everything might be in his name, but you probably know some passwords and what if he does online banking for example.

Good luck to you, it sounds you have a horrible time right now, but you will get through this, as ugly as it might be right now.

What Germania said. AND a lawyer would be able to explain HOW you can do the above so as to get yourself in less trouble.