$1.5 million of marital assets spent! Final divorce decree and judge allowed this to be spent because no order. Can I sue for malpractice? What is statue of limitations? How do I find a lawyer who will sue another?
Unlike other types of negligence, legal malpractice is treated like a breach of contract and therefore the statute of limitations in Virginia is five years if you had a written contract with the attorney and three years if the agreement was oral. Even without an order preventing dissipation of assets it is difficult to believe that such a large sum of money could have been spent without some assets to show for it, which could then be divided in equitable distribution, or without being considered waste. In any event, it sounds like you may have a claim against either your spouse or your lawyer or both.
This answer is given in accordance with the laws of Virginia and may not be applicable in any other state. It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.
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