Legal Question in Family Law in Georgia
divorce - lawyer responsibility for marital assets
During original divorce discovery following an 18 year marriage, there was a question if a pension existed for my ex. There was no follow up by my attorney and the final decree stated that a pension, ''if any'', would be retained by my ex.
During modification, a $283,000 pension was disclosed which had not been accounted for or split as a marital asset.
What was my lawyer's responsibility to confirm/deny the existence of the pension since it had been in question during the original divorce? Was my attorney negligent by not investigating since there was a question? Was he negligent in the way the decree was worded regarding the pension?
Since the decree terminology gave my ex rights to the pension ''if any'', do I have any recourse against my ex or the attorney?
1 Answer from Attorneys
Re: divorce - lawyer responsibility for marital assets
The attorney may not have had any way to confirm or deny the existence of a pension. On the other hand, maybe he/she didn't do all he/she could do. It is therefore impossible to give you a reliable answer. You should consult with a new attorney with an eye towared reviewing the whole situation.
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