Q: Is failure to notify annuity company of pending divorce constitute malpractice?
Is it malpractice or simply a mistake/oversight if my divorce attorney failed to compel ex-spouse to provide necessary information to prepare quadro prior to divorce and failed to put annuity company on notice that divorce was pending prior to divorce judgment? Disclosure during divorce did not supply sufficient info for preparation of quadro and ex-spouse would not cooperate afterwards. As a result the annuity was misappropriated after the divorce despite my being awarded half. Spouse was out of jurisdiction during and after divorce making my efforts difficult/impossible.
A: Yes, that may be Malpractice. Malpractice means that a lawyer violated the standard of care. A bad outcome is not enough. Another divorce lawyer would be needed to evaluate the case.
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A: It is possible that the failure to notify the annuity company of the pending divorce could be considered malpractice, depending on the specific circumstances and applicable laws. You may want to consult with another attorney to determine if you have a case for malpractice or other legal remedies. It is important to gather all relevant documentation and information regarding the divorce and the annuity to present to the attorney.
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