Legal Question in Family Law in California

divorced or not

My parents filed for divorce after 45 years of marriage. My father received a bifurcated divorce (he was free to re-marry - property pending). He re-married. My parents signed a settlement agreement, regarding the property issues. My father passed away. My fathers attorney, we don't have one, said we would be following the settlement agreement. This entitled my mother to my fathers life insurance and pension through the post office. The post office wanted an original copy of the complete file. I reviewed the file at the court house, and discovered that my dads attorney never filed the settlement agreement with the court. He refuses to file the paperwork, refuses to give me the original, so I can file. Without an order from the judge, the post office is going to pay his new wife,OF 5 MONTHS, his benefits. Leaving my mother with 310. a month social security. What can I do? Georgia, my dads new wife, gets a salary of her own, teacher 30 years, her pension, ex husbands pension, of 33 years, who is retired from the post office. Please help.


Asked on 5/28/03, 6:26 am

2 Answers from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: divorced or not

if you can email me directly with more facts regarding the settlement agreement itself, when it was in place, the reasons given that the attorney gave you for not filing it with the court as instructed, and when the payments are supposed to be distributed out to georgia, i may be able to further assist you legally in this matter.

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Answered on 5/28/03, 2:40 pm
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: divorced or not

Your mother may be protected by various provisions of the Family Code relating to bifurcation.

I suggest that you consult with an experienced family law lawyer immediately. Experience is not expensive, it's priceless!

You will find some valuable information on various family law issues at my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.net

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Answered on 5/28/03, 4:27 pm


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