If my divorce was finalizedwithout my knowledge, can I request a modification regarding my rights to my ex-husband’s military pension?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my divorce was finalizedwithout my knowledge, can I request a modification regarding my rights to my ex-husband’s military pension?
In 2009 I received divorce papers from my then husband. I responded with a letter to the court requesting time to put money together to get legal advise. He recently told me we were divorced in 11/09 but I did not receive any notification of hearing or documentation of final decision. He is retired military and I was entitled to a portion of his pension but instead got nothing, not even child support. Can a modification be requested since apparently it has been a year since the divorce?
Asked on December 1, 2010 under Family Law, Florida
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Get legal help on this as soon as you can. He was granted a divorce "on default" meaning that you did not put any papers in. In reality when that happens the court generally only decides the issue of divorce and NOT any issues regarding the distribution of marital property. That is actually a good thing for you. So now you need to bring an action for modification of the decree and for distribution of the assets and for child support and maintenance. This is not going to be the easiest task and it will re-open may issues here. But it needs to be done now. Go and seek help from legal aid or from any pro bono organization through local bar associations or law school clinics. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.