Legal Question in Family Law in Massachusetts
Judgment, final after 90 days?
I recently received judgment on my divorce case.
It states that it will become final after 90 days.
Does my ex or his atty have to wait until 90 days to undertake the asset transfers and qdro calculations?
do i have to file motions to have them undertake the fund transfers, etc.?
i would prefer not to use my atty to do this because he is incompetent and has charged me well over 60k thus far.
thanks
d
2 Answers from Attorneys
Re: Judgment, final after 90 days?
Usually, the divorce judgment or the agreement states when the QDRO is to be done. Generally, we do not wait until the divorce is final to begin this process. Also, the agreement or judgment should say who is to prepare the QDRO documents and who is to pay for their preparation. If the documents or judgment is silent and you want it to be done quickly, you will have to hire someone to do that work. If you need help with this, let me know.
Re: Judgment, final after 90 days?
I agree.
Fund transfers and all the matters you raised can be started almost when the ink is dry on the divorce judgment.
As a first step, the language of the judgment is controlling. If it is vague or unclear, you can ask the court to clarify these matters.
As the next step, I suggest you contact you own attorney, if you had one, or the other's attorney and ask them when each of these items are to be done.
If you have more questions, contact me.