Is there anything that I can do?


#1

Dear Tammy:

Greetings. You should contact a malpractice attorney and tell your attorney to try to fix the problem - maybe by filing a Rule 59 and 60 motion. Simple language in the divorce judgment (without filing for Equitable Distribution first) is not enough to preserve your claim for Equitable Distribution.

Send them a letter (keep a copy) noting the problem and your understanding. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

Thank you for your time to answer my post.

However, I do not understand why I need a malpractice attorney. Could you please explain this to me? Who am I suppose to send a letter to?

I am sorry, I am not good at understanding the laws.

Thank you again.


#3

Dear Tammy:

It may be malpractice if your attorney failed to file an equitable distribution or alimony claim prior to your divorce. That is why you may need a malpractice attorney.

You should send your attorney a letter stating that you understood him/her to say that they would file for equitable distribution after the divorce, etc. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#4

Dear Attorneys;

When I went to my lawyer to file for divorce and custody of our child, my attorney suggested that we only start with getting the divorce and custody. So, he only filed for that. Well, my ex. counter claimed the custody issue. My attorney thought that if we didn’t hit my ex. with equitable dist. and child support, he would just sign the divorce and I would have my custody. Didn’t happen that way. When my divorce was final (a couple months ago)it stated that there was other issues to be filed at a later date.

Here is my problem; I just found out that equitable distribution was NOT filed before the divorce. There was a home, 401k and cars. Is there anything I can do now? Should I employ another attorney to see if this can be fixed? I cannot believe that the attorney I chose to begin this process, left out so much. It has been several months now, and I am still waiting on custody of my child and child support. My attorney had to go back and get all these amendments, if that makes sense.

I would appreciate your help. Thanks!