Legal Question in Family Law in Virginia
QDRO's
my divorce is final, it was uncontested so we only used one laywer, according to the PSA I was awarded a settlement sum from my ex's 401k, we (I)were under the impression that this was to be filled with the court, at the same time the divorce papers were filled. I have been getting no where trying to find out why I have not recieved my settlement and want to see if there is a way to see if the lawyer is negligent on the filling of this paperwork. It has caused me a great deal of finnancial issues. I just need to know if I have any legal grounds.
1 Answer from Attorneys
Re: QDRO's
A lawyer is not permitted to represent both parties in a divorce. He or she could be a mere scrivner in preparing the agreement, but chances are you agreed to use your ex-husband's lawyer, and he may or may not feel obliged to prepare a proper order for the court to sign regarding your share in the 4501(k).
You should consult another attorney.