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How do I motivate my attorney to file a QDRO?

1 Answers. Asked on Oct 23rd, 2013 on Divorce - Ohio
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I am a recently divorced man in Dayton, Ohio. According to the divorce decree, I am to give my ex-wife 50% of my 401K account (which isn't the problem) but my attorney who is supposed to file the QDRO paperwork hasn't done so. My ex-wife and her attorney are getting rather aggressive about this and still after many phone conversations with my attorney, no QDRO has been filed. I've been threatened (via my ex-wife) with being held in contempt and being summoned to show just cause. In reviewing the local court website, I see my attorney is the defendant/debtor in no less than 8 legal actions regarding taxes and debt. What are my alternatives in getting this resolved?
Answers Showing 1 out of 1
Answered on Oct 23rd, 2013 at 11:09 AM

In Ohio you always have the right to fire your attorney and to hire a new one.  If you are concerned that your present attorney is not responsive to your requests and you have given him ample time to respond then you may want to seek new counsel. 

The answer provided is not legal advice and it is recommended that you seek advice of an attorney.

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Ending a marriage is more than just an emotional process--it's also a legal process. The court must approve your "dissolution of marriage" petition, and will also rule on issues related to the division of property, alimony (also known as spousal support or maintenance), child custody and child support. A divorce or family law attorney can help guide you through the divorce process, while also negotiating with your soon-to-be ex-spouse and his or her divorce lawyer. It's important to note that ethics laws prohibit the same law firm or attorney from representing both spouses in a divorce. Even if your divorce is an amicable one, it's critical to have your own legal representation to ensure that you're treated fairly at all stages of the divorce proceeding.
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