[NAQUIN]

I just got a divorce approx 1.5 months. Per the settlement, I am to receive half of my husband's 401k along with other settlements. I don't know the legal status of my divorce and don't want to risk losing my settlement; My paid attorney refuse to return any of my calls or let me know the status of my case. My question is am I in jeopardy of losing any of my settlements if my attorney did not file correct documents in a timely manner?
We were given 30 days to submit our 401k documents to our attorneys. 30 days have passed and I'm not sure if I am still entitled to the 401k settlement. Is there anything I should do other than employing another attorney which is costly?

[Fr_Chuck]

Go to the court house and see what the status of case is.

Go to the attorneys office and sit in the lobby till he sees you

[NAQUIN]

Good answers. I will call the court. I can't go to my attorney's office because we are in different states. Any other suggestions. Do you think that I have lost rights to the 401K if my attorney did not file proper documents in a timely manner?

[s_cianci]

The next time you attempt to contact your attorney, leave a message that if (s)he doesn't get back to you you're going to notify the ethics committee of your state's bar association.

[George_1950]

Write a nice letter to the state bar association and send a copy to your attorney. You should be able to find the address with a Google search. Keep a copy for your records; sent it to the lawyer 'return receipt requested'. You can call the clerk where the papers are filed; one of them may go through the file with you if you explain that you are out of state and need assistance.

[excon]

Hello N:

This isn't any different than you telling your gardener that you WANT him to trim the rose bushes. If your gardener doesn't want to do that, he should tell you, so you can hire someone who will.

I would do as the Padre said. Once I got him face to face, I'd lay down an understanding to him. If your understanding ISN'T good enough for him, fire him.

THEN you can write all the nasty letters you want about him. But, WHILE he's your attorney, stabbing him in the back or threatening to do so, ISN'T a good idea.

excon

[NAQUIN]

I appreciate all of the advice. At this point, I think I will contact the courts and get current status on my divorce. As far as my settlement from my ex, I think I will notify my attorney's office to let her know that I will contact an investment firm for financial and perhaps some legal advice. Also, I will let them know that I will contact ABA for legal advice only. I do not have any more money to invest in legal fees at this point. I think this is the best approach at this point. If you have any other suggestions, please post.

My attorney did show up unprepared for my divorce hearing. Therefore, we ending up settling with one of the proposals submitted by my ex. I just don't want to lose the financial settlement that's due to me. I basically put my career on hold to raise the children while he advanced in his career. I took whatever jobs available as long as the jobs were flexible. I even gave up retirement on one job just so that I could leave to tend to the children whenever they had functions or just wanted to spend time with me. However, I was so naïve in believing in the justice system. Through this experience, I found that the justice scales can be slightly tilted with manipulations, lies, charming personality, job stability, and money.

Needless to say, I terminated my temp spousal support because we settled on joint custody with children living with him. Of course the children (10,14,17.5) want to live with me. They are probably age appropriate to decide which parent they want to live with. I have every belief that they will be with me for the next academic year. The 17 year old is a senior and is off to college this upcoming summer semester. At this point, I have no immediate marketable skills with a Master's degree. I am working 2 jobs so that I can support myself financially until I complete certifications. I must say that even though I am starting over with basically nothing, I am happy.

But still, I don't want to lose financial settlements due to my paid attorney's carelessness. I know that I will need the funds to help support myself and the children.
Taking feedback

[George_1950]

"I will contact ABA for legal advice only". In my view, contacting the ABA would be a waste of time. Attorneys are under scrutiny of the state bar association, and as someone mentioned the state bar associations have panels and/or committees that review client complaints. It may not help you at all, but it beats doing nothing, in my view.

[NAQUIN]

I did contact the courts. As suspected, My divorce isn't finalized because my attorney did not f/u from our trail. The good news is that, I talked to another attorney who will finalize my divorce said that once the agreement has been read into the courts, I am OK. It is just a matter of filing the decree and necessary paperwork for settlements.

I did find out that my attorney is running for judgeship. Imagine that?

Thanks for the suggestions and advice