What to do if divorced 6 years ago and my lawyer never resolved the issue of our 401K and my ex-husband’s retirement fund?
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What to do if divorced 6 years ago and my lawyer never resolved the issue of our 401K and my ex-husband’s retirement fund?
How do I move forward in this matter? I was told that I would receive some portion of his retirement fund, but I am unable to get anywhere with my attorney. What can I do to resolve this issue and move on? My attorney won’t answer my phone calls?
Asked on June 13, 2011 under Family Law, New Jersey
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Ok wait: so you were given a divorce but did not resolve the distribution of your marital assets? Did you sign any agreement? This is highly suspect to me and I am concerned for you. You need to speak with the attorney and this is how you are going to get him or her to call you: write a letter by certified mail return receipt requested to him or her indicating that your attempts to reach him/her have been fruitless. That unless he/she responds with in the next 7 days you will have no choice but to file a grievance against him/her regarding the matter. That his/her actions are unethical and constitute legal malpractice. And that if you have to hire another attorney to resolve this matter - which you should really consider anyway - then you will be seeking costs in a suit against him. Good luck.
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