Legal Question in Family Law in California

Past Divorce

I divorced my husband after 17 years. While we were married in the Marines. My husband served and retired from the Marines and is receiving a pension. According to the military law I am entiled to some of his pension according to the 10/10 rule. The only thing it was never stated in my divorce papers. My lawer never mentioned that I was intitlted to it. What can I do know. Can I have the court reverse it? Suggestions?


Asked on 1/03/08, 1:56 pm

2 Answers from Attorneys
Ryan P. McClure The Law Offices of Ryan P. McClure

Re: Past Divorce

You can request the court to modify the judgment to take into consideration the military pension that was overlooked in the original divorce proceedings.

Feel Free to contact me if you would like to pursue this matter.

Good Luck!

LEGAL NOTICE: The information presented in this e-mail should not be

construed to be formal legal advice nor the formation of a lawyer/client

relationship.

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Answered on 1/03/08, 6:42 pm
Kendra Thomas Law Offices of Thomas & Associates

Re: Past Divorce

i am sorry to hear about your situation, it is frustrating when we realize that we have not obtained teh best advice.

When a divorce decree becomes final, it establishes the new rules between you and your now former spouse. However, circumstances may change (or new facts may be discovered), requiring modifications to that the divorce decree. What you may want to do is look into is filing a request for modification of the divorce decree to include the pension.

I hope this helps.

-K. Thomas

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Answered on 1/03/08, 2:26 pm


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