threefold1
recently joined
Reged: 01/02/11
Posts: 2
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(*I hope I explain this right) In August, 2009, I went to a very reputable family law [censored] here in Virginia seeking help with my divorce from my husband, a federal employee. I was assigned a very young, inexperienced attorney, fresh out of law school, who apparently doesn't want to step on anyone's toes - except mine. My husband hired the epitome of the "sleazy lawyer" type. Believe me, this divorce process has been a completely devastating nightmare since day one and in my eyes, completely MISHANDLED. The most recent issue has been over filing a QDRO (Qualified Domestic Relations Order) for my entitlement of our Thrift Savings Plan portion of our marital assets. Contrary to what I think I read and understand, she states that: "Rule – an order dividing retirement plans can never be entered prior to a final decree of divorce under Virginia law." Is this a true statement? Due to my husband and his attorney's actions, I've been forced into almost complete destitution and my marital share of the Thrift Savings Plan is desperately needed - right now. I am currently "homeless" - forced to live in a hotel because I haven't had anyone to actually defend me or my rights.
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hanzblinx
enthusiast
Reged: 08/13/10
Posts: 380
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1st of all stop blaming everyone else for your problems and get a job. Welcome to adulthood. Your lawyer is correct, nobody is going to award you any assets prior to divorce. If you had a job you would be fine.
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Maury
Carpal \'Tunnel
Reged: 06/02/04
Posts: 8146
Loc: This Asylum --->
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I am afraid that it is not uncommon to dislike the other party's lawyer. Their job is to represent your spouse. It does not make them sleazxy,It means they are doing their job.
A State court can divide a retirement plan. It generally does so as part of a final decree and not before. That, if course, does not preclude a court from bifurcating the proceedings and dividing some assets before a divore is over or awarding spousel support as part of a temporary hearing. To do so, however, it must be clear that such an award is likely in the final division. If that is in dispute, it is an issue that must be resolved at trial.
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