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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 15805
Experience:  Lawyer and current JAG officer.
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My ex and I did a do it your self divorce. The retirement

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My ex and I did a do it your self divorce. The retirement portion was left blank. My ex said, upon his retirement I would start receiving it. I have found out that is not the case. We were married for 19 years. Is it possible to take him back to court to be awarded what I feel I have earned?
Submitted: 1 year ago.
Category: Military Law
Expert:  Allen M., Esq. replied 1 year ago.

Hello, my name is XXXXX XXXXX I look forward to assisting you today. I bring nearly 20 years of experience in various legal disciplines, including JAG.

You can certainly attempt that. The problem is that courts do not like to reopen closed issues like this. Now, you do have a fact that plays to your advantage, but also one that plays to your disadvantage.

First, your husband told you incorrectly, as you know. That could be grounds for reopening if your position is that he knowingly misled you, amounting to fraud.

Second, you didn't hire an attorney to help protect your rights. Judges are actually not sympathetic when the issue is that you just didn't know that you were doing it wrong because you didn't hire an attorney. Their position is that it is your responsibility to look after your rights. (I'm not a judge, I am sympathetic...but I'm just explaining what you're up against).

So again, yes you can attempt to reopen the case and try to base it on the false information given to you, to get you to agree to a divorce without an equitable division of the retirement. You're going to have to use a lawyer this time though. Reopening a case is not easy.

Customer: replied 1 year ago.

What are the chances of winning? How about alimoney?

Expert:  Allen M., Esq. replied 1 year ago.
Alimony should have been dealt with in the original divorce. While you can certainly argue that your husband misled you about the retirement issue, you can't make that argument for alimony on top of the retirement.

I would say that you have a fair chance of getting something on the retirement, maybe 50/50. On the issue of alimony too, I'd say the chances approach 0%.
Customer: replied 1 year ago.

Can you recommend someone in the Pensacola,Fl area?

Expert:  Allen M., Esq. replied 1 year ago.
We are not allowed to advertise for attorneys here.

I can tell you how I find attorneys in different states when I need them. I call the state bar association and ask for a list of attorneys in the field that I need them in (you need a family law attorney).

I then take those names and check them on www.martindale.com, a site that has reviews of attorneys.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 15805
Experience: Lawyer and current JAG officer.
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