Legal Question in Family Law in Arizona

I live in Gilbert, but going through a divorce in Texas. The divorce was final 7/13/15, which I found out from my ex-husband. I was awarded 55% of his 401K. Since this was part of the divorce I thought my attorney was handling this. I received a text from my ex-husband saying I guess you dont need that money. I was confused and had no idea what was going on, so I contacted my attorney in Texas. She said she does not handle a QDRO, I didnt even know what that was. She informed me that I had fired her, which I did not! I asked her to send me the email where I fired her, she told me she assumed I did. Can an attorney take themselves off a case without informing their client?


Asked on 8/19/15, 6:43 am

1 Answer from Attorneys

Joan Bundy Joan Bundy Law

I am so sorry to hear about your situation. I would ignore the snide comments from ex-hubby, but you do need to have a QDRO (Qualified Domestic Relations Order) drawn up telling the employer/plan administrator how to divide the funds in the 401(k). Since the divorce was in Texas you may want to hire a Texas-licensed attorney to take care of it, although it's often federal law that is at issue and thus any attorney who handles QDROs should be able to help you. As far as whether you "fired" your divorce attorney, I would say that even though you clearly didn't "fire" her, the norm is that once a divorce is final attorneys withdraw from representation in the case, typically by a simple notice of withdrawal filed with the court 30 days after the final ruling/decree (at least that's how it works in Arizona). Also not many divorce attorneys handle QDROs so it is not terribly surprising she doesn't either. It is a bit concerning she didn't even know what a QDRO was and/or didn't explain to you all the terms of the divorce to your satisfaction. You may want to lodge a complaint against her with the Texas Bar. By the way, I do know some attorneys in Arizona who practice in the area of QDROs and retirement benefit division if you need a referral. Best of luck!

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Answered on 8/19/15, 8:30 am


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