Legal Question in Family Law in Georgia

Divorce

My divorce was finalized in December 2002. In the final Divorce Decree it was never noted that I would not be entitled to my x's pension. At no point during the divorce preceeding was it ever addressed. His attorney has contacted me stating that I would need to sign a paper (after the fact) to relinquish my rights to my x's pension. According to the pension administration I qualify for his pension. The attorney stated that if I did not sign the document, he would take me back to court and have the judge to order me to sign the document. My question is, can the divorce settlement be re-opened because of an omission by my x's and his attorney specific to the pension? (I live in Georgia if this makes a difference in the potential response.)


Asked on 6/16/03, 12:14 pm

1 Answer from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: Divorce

If it was not addressed in the divorce, it seems you are entitled to your portion. Your ex's atty. COULD take you back to court, but he will have to explain to the judge why he failed to tend to this detail as part of the divorce. A judge may well deny his motion. This is discretionary with the judge.

Read more
Answered on 6/17/03, 11:17 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Georgia