Legal Question in Family Law in California

Divorce

If a retirment account was not addressed in a divorce, is there a time limit to request half in a community property state?


Asked on 2/18/09, 3:41 pm

2 Answers from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

Re: Divorce

It can probably still be divided, however, you should have your judgment and all facts reveiwed by an attorney who can give you sound advice rather than just a probably. It is unlikely that any non-attorney could file the motion and prepare the order dividing the plan. Most attorneys hire outside attorneys to prepare orders to divide a retirement plan. Good Luck, Pat McCrary

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Answered on 2/18/09, 5:17 pm
PATRICK MCCRARY PATRICK MCCRARY

Re: Divorce

It can probably still be divided, however, you should have your judgment and all facts reveiwed by an attorney who can give you sound advice rather than just a probably. It is unlikely that any non-attorney could file the motion and prepare the order dividing the plan. Most attorneys hire outside attorneys to prepare orders to divide a retirement plan. Good Luck, Pat McCrary

Read more
Answered on 2/18/09, 5:18 pm


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