The claim should not be limited, this will not disrupt the items you have already settled.
great, so i do not have to use the word limited… Now what if do not file for divorce , and just wait till he files for divorce and serves me. then i can contest it and then attach a claim for ed to the contest is that correct?
You cannot contest the divorce unless the allegations are incorrect, or you have not been separated for a year. You would file an answer and counterclaim for ED.
thank you , let me make sure I understand you correctly…
when he files, i will receive papers, I will answer and also attach a claim for the remaining ED (hidden assets/ business interest)
. is that correct?
when will my atty send my spouse request for documentation for any financial records, etc to see if there is any hidden funds, undisclosed funds, and reqest for business interest. ?
Yes. Your attorney may send out discovery along with your answer and counterclaim.
thank you
since i do not know what is there and the subpena will determine that, the qdro can be sent when all of that is uncovered , is that correct
Yes.
thank you very much
that makes me feel better, I thought there was a time limit on the qdro…but it seems as long as the qdro is sent after the uncoverings,and prior to the final of the divorce then I am protected…
what if he does not file for a divorce till say after we have been seperated 2 yrs… will that make any difference in the qdro or anything?
You will still be entitled to your share of the QDRO, but waiting can complicate the matter, depending on the plan and specific rules, they may not allow a retirement account to be valued years back, I suggest you move forward and get this done.
we signed a SA, givng me a distubive award of X $'s this was by far way below the value of our belongings… my concern is I have asked for my furniture that I had prior to our marriage , my husband says he will not give it to me… Am I entitled to the belongings that were mine prior to marriage?
Yes, that is your separate property.