Legal Question in Family Law in Illinois
Following a divorce, how long should it take to complete the process of dividing up assets such as stock portfolios and 401(k) accounts? I'm not talking about deciding how to divide them up - that's already taken care of. I'm talking about actually doing the paperwork and such to open new individual accounts, transfer the assets, and close out the joint account.
It seems to me that shouldn't take much more than about 6-8 weeks, but then I don't know that much about the steps required and the legal procedures involved and how lawyers operate in these matters.
My situation: My divorce was final in December 2007, more than two and a half years ago. A large portion of my stocks and investments are tied up in accounts that are still waiting to be divided up according to the divorce settlement. I'd like to be able to work with those, and may need to sell some to purchase a home (I'm currently a renter). I have no idea what if any progress is being made on some of these accounts. My own lawyer is slow and inconsistent to return my calls and e-mails on the matter, and from what he's told me when we have talked, my ex-wife's lawyer is much worse in that regard. This has already dragged on much longer than I ever imagined it would, and for all I can tell it might easily drag on for another year or two.
What can I do to get things moving?
1 Answer from Attorneys
Please be advised that it is unethical to advise a person who is represented by another attorney. But, I can suggest that you ask your attorney to investigate methods to expedite the process. There are ways the court can help in some cases. If you cannot get your attorney to discuss the situation with you, I would encourage you to find an attorney that will.
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