Equitable Distribution Not Being Handled

[frustrated1968]

What is the name of your state (only U.S. law)? NC

I have been separated since January 2008. Mediation for Equitable Distribution took place in June 2009, with judgement for divorce occuring February 26, 2010.

Paperwork for Transfer Instructions was completed by myself in December of 2009 and mailed to the plan administrator. I sent the divorce judgement to the plan administrator once I received them.

No distribution has taken place and last week I was informed that the paperwork was submitted INCOMPLETE by my spouse. I have made several calls to my spouse's attorney over the past 2 weeks with no return call thus far.

What steps can be taken to speed up this process?

Also, for some reason, my getting half the net equity in the marital home was omitted from the ED paperwork. My attorney had a clause in the ED paperwork that she no longer represented me following mediation, and that my spouse's attorney also no longer represented my spouse. However, I continued to receive correspondence from my opposing counsel.

My attorney originally file Consent to Spearation Order at the cost of $5000 (flat fee) which my spouse never signed. Now I have $5480 balance with my attorney for the events leading up to mediation. I feel the amount my attorney has charged is extreme, PARTICULARLY since nothing has been followed through on thus far.

Any suggestions?

 

[mistoffolees]

What is the name of your state (only U.S. law)? NC

I have been separated since January 2008. Mediation for Equitable Distribution took place in June 2009, with judgement for divorce occuring February 26, 2010.

Paperwork for Transfer Instructions was completed by myself in December of 2009 and mailed to the plan administrator. I sent the divorce judgement to the plan administrator once I received them.

No distribution has taken place and last week I was informed that the paperwork was submitted INCOMPLETE by my spouse. I have made several calls to my spouse's attorney over the past 2 weeks with no return call thus far.

What steps can be taken to speed up this process?

Also, for some reason, my getting half the net equity in the marital home was omitted from the ED paperwork. My attorney had a clause in the ED paperwork that she no longer represented me following mediation, and that my spouse's attorney also no longer represented my spouse. However, I continued to receive correspondence from my opposing counsel.

My attorney originally file Consent to Spearation Order at the cost of $5000 (flat fee) which my spouse never signed. Now I have $5480 balance with my attorney for the events leading up to mediation. I feel the amount my attorney has charged is extreme, PARTICULARLY since nothing has been followed through on thus far.

Any suggestions?

It's not hard to burn through $5500. Your attorney should have given you a detailed statement. If there are any questions, feel free to ask him.

It may be difficult to speed up the process - not that long has elapsed. Once the delay has become unreasonable, you could file for contempt, but you're a long way from that.

Adding something to the agreement won't be easy. You should have read the documents before you signed them or submitted them to the court. You could TRY to add the house, but it may be a good bit of trouble.