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?

UPDATED: Jun 13, 2011

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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


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 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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