Columbia, TN asked in Divorce and Family Law for Tennessee

Q: Edited from previous question- Does a lawyer need to be involved in divorce if one of the parties has a 401k?

The party without the 401k does not want any of it and we are in agreement that it is not to be divided.

I see that the online forms available state they cannot be used if a party has a retirement account; however, I also have been told that as long as all parties agree, then the forms can be used.

Related Topics:
1 Lawyer Answer
Denania Galloway
Denania Galloway
  • Memphis, TN
  • Licensed in Tennessee

A: If there is an agreement between both parties, it can be filed easily. You don't really need an attorney to file a divorce matter whether it is contested or not.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.