Legal Question in Family Law in Ohio
Pension and divorce
I have been divorced for 10 months and I was to be awarded 1/2 of my ex husbands 401K. My lawyer keeps telling me he is working on it but it has been almost a year and I still have not received it. Is there any way I can sue my attorney for malpractice?
1 Answer from Attorneys
Re: Pension and divorce
The simple answer is yes, you can sue for malpractice as anyone can sue for anything. The issue is whether you can win the case. QDRO's are very complex documents and may require several drafts before the employer will accept it. Therefore, it may not be totally your attorney's fault. Further, maybe your ex's attorney was to complete the QDRO. Finally, you may owe the attorney some money and he is waiting for payment. Give him a reasonable deadline and stick to it. The goal is to get a QDRO that the company will accept.
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