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FamilyAttorney
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Category: Family Law
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Experience:  Owner, attorney in private practice, licensed for 36 years as a trial and appellate attorney
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On This Order It says "This CAUSE came before the

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On This Order It says "This CAUSE came before the undersigned judge upon Plaintiff's claim for Equitable Distribution of his military retirement benefits." Was my ED case a "cause" and should this not say it was a claim for overall ED? I didn't bring the case to distribute just my military retirement asset. It was to get fair and equitable split of everything we owned. Was this another slight of hand by her attorney? I still say the judge should not have let my adversary right up his court order.

Hello again TJ.

Please note:This is general information and not legal advice. No specific course of action is proposed, and no attorney-client relationship is formed. This is for educational purposes only.

Just so you know, judges often ask one side to write up the order or judgment. This reduces work for the judges. The other side can object to the order the way it's written, and you can have specific line-by-line objections if you'd like. As we noted, you're going to want to make sure the court has a copy of what you're objecting to.

Was this case brought on by order to show cause? Even if it was not, "cause" would usually refer to a cause of action or the reason the case was brought. So cause is fine, but if it was not just brought for the military benefits, and we know it wasn't, then you have to object to the language and say that this was for equitable distribution of the marital property. Object to the way he has it. It's wrong and gives the wrong impression.

Please let me know if you have anymore concerns or questions. I may not be here tonight but I'm online so I'll be sure to see any comments. I know you don't like that the other attorney wrote up the order, and he's trying to pull a fast one here of course, but that's why you're here. Object to anything that you find even slightly objectionable. He won't expect you to do that, but by all means, you should.

Let me know if you have any more questions as I am happy to answer them.

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Feel free to come back here for a follow-up question based on this one.
You're welcome to ask follow-up questions at any time, any day after I'm rated. Thanks so much!

A follow-up question is free if it is based on this one, while a new question would need a new post. Also you may make a copy of this transcript so you know what to do.

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Customer: replied 1 month ago.
Thank you. I have highlighted several areas we discussed earlier. I am asking that language saying she can sue my estate after I am dead be taken completely out. What I can't understand really is why this very valuable benefit has been pulled away and given to her outside the overall ED case. It will cost me about $1,000 per year if she gets it. It also will cause me to have to purchase life insurance for my new spouse some other way which is an additional burden to me. It is actually an insurance policy on my life. She has no burden to carry life insurance to benefit me. Seems not fair. To be equitable, it seems it should be valued within the ED case. Can I send some motion or something to the Judge to have him reconsider this? Just wondering.

Yes, I would have the judge reconsider this.

I know that for example, in most divorces, the insurance benefits end and the beneficiary is not the ex-spouse. That has to be removed. That doesn't belong there and I have no idea why it is there.

That makes no sense and it is not usual and customary to have your ex spouse be the beneficiary. They usually get nothing from the estate at all, nor do they get benefits from any insurance policy after divorce. So yes, I would question this, absolutely!

Customer: replied 1 month ago.
Ok - To ask him to reconsider the SBP benefit being awarded early. Do I file a motion of some kind? How would it be titled? I'm sorry to ask so many questions.

It's okay, no problem.

I would have to check that. Anything military law-related is outside my area of expertise though. I can tell you what an order should have, shouldn't have, etc. but getting into military benefits is not something that I can answer. If you want to repost this part with the other part, then you can have one post with two parts and post it for a military lawyer. I don't mind the questions -- I just want to help you and I don't want to give you an answer where I am not 100% sure.

I took your question because I was able to answer the original question you have posted, but I can't answer the follow-up, because it's military law related, so I would include that in another post with the other question about military law from there. Does that make sense?

Customer: replied 1 month ago.
It isn't so much military related now as procedures in how to object and file the proper motions, etc. I understand the laws regarding the military aspect, it's more about values being considered in the ED and handling the logistics of filing documents and things or not. Hope that makes sense.

I understand and I appreciate that. I cannot answer this part of the question. Would you like me to opt out and have you ask this again so another expert can answer it? I'd have to research it under this state's law.

I answered the question as posted, which was something I could answer, so that's why I took it, so hopefully you will give me credit for that part of my answer because that was the question.

This part I can't answer. It's really not a follow-up question but a new post. Can you post that as a new post so that someone can answer it for you?

Customer: replied 1 month ago.
If you knew the times I have asked Military atty's and gotten wrong answers you would understand. Just like her atty, they all seem to think she's entitled to stuff. The former spouse isn't entitled to anything but fair consideration in the ED case based on numbers and values being equitable under each's states' divorce laws. Says it on the first couple pages of the Act. So I go with my own research into the laws on that. Have them all printed out and highlighted. I have a hard time knowing when and how to file the court documents though and court procedures. I'll look bk over all you've told me and see what I can figure out. Thanks.

I understand the ED part -- I just do not know NC procedures and whether one has to be done by motion or petition. In NY, we do some things by motion, some by petition or complaint. I don't know what they title their motions, petitions or complaints, so you may want to specifically ask for a NC attorney here. I want to help you but with NC procedure I'm unable to do that. I'm sorry, and I won't guess because I want you to have the correct answer.

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