Jackson, NJ asked in Family Law and Legal Malpractice for New Jersey

Q: My attorney created a fictitious document to replace one on file and then submitted without client knowledge or consent.

My attorney created a new fictitious QDRO and submitted it to the opposing party and State for approval without the consent or knowledge of the client. I had already provided them with an approved copy - post-judgement. It is further complicated because my ex liquefied her pension post-judgement (subject to a QDRO) and attempted to conceal the withdrawal.

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1 Lawyer Answer
Richard Diamond
Richard Diamond
  • Short Hills, NJ
  • Licensed in New Jersey

A: Short answer is that you need to sit down with a family law specialist to review the various documents involved to figure out what action needs to take place to sort out this mess and then, based on the advice given, you can figure out if your ex improperly liquidated the marital portion of her retirement plan and whether you were entitled to any portion of it and whether there were any changes made to your QDRO by your prior counsel and whether those changes were proper and if not, the impact on you / your ex and what steps need to be taken to correct it. But the starting point is meeting with a family law specialist. For that meeting, you need the divorce settlement agreement, the draft QDRO and any changes made to it and the information as to your ex's retirement plan and the support for your claim that she liquidated the marital portion.

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