I only thought I was divorced

[FLyBry]

What is the name of your state? CA.

I just recently found out from my ex wife that our divorce was never finaled because my attorney never filed the papers 10 years ago . To add insult to injury my attorney has left the state and I am unable to find him. The state Bar was as helpful as they could be.
My ex wife is having her new attorney write up the final orders however, I am concerned about the wording that states that the court will have jurisdiction over retirement and child support. As if, these are still things to be settled. I have a railroad retirement and it is treated as if it were Social Security.
Should I be worried about the verbage ( or lack there of) on these documents?

 

[Bali Hai]

What is the name of your state? CA.

I just recently found out from my ex wife that our divorce was never finaled because my attorney never filed the papers 10 years ago . To add insult to injury my attorney has left the state and I am unable to find him.

I suggest you find him and deal with him.

The state Bar was as helpful as they could be.



My ex wife is having her new attorney write up the final orders

Tell your ex and her attorney to shove the final orders where the sun don't shine.

however, I am concerned about the wording that states that the court will have jurisdiction over retirement and child support. As if, these are still things to be settled.

I hear ya Bro.

I have a railroad retirement and it is treated as if it were Social Security.
Should I be worried about the verbage ( or lack there of) on these documents?

Yes you should be worried. Get a lawyer or get railroaded.

 

[almost done]

i think that you would be a fool if you dont get a lawyer but that is just my opinion, if not you would be Trusting your ex and her lawyer, if you have that kind of trust, than by all means.....

 

[LdiJ]

i think that you would be a fool if you dont get a lawyer but that is just my opinion, if not you would be Trusting your ex and her lawyer, if you have that kind of trust, than by all means.....

I agree that you absolutely need to have an attorney look over the wording. While RR pensions do substitute for Social Security there is a large chunk of the pension that is NOT Social Security, its purely pension. Therefore I would be concerned that that wording leaves the door open for her to receive some of the pension portion. It may be proper for her to receive a fractional portion, but that depends on the length of the marriage and the amount that accrued while you were living together. The last 10 years should not count.

However its proper for the court to retain jurisdiction over child support.