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Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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My mother has been trying to get a divorce for sometime. My

Resolved Question:

My mother has been trying to get a divorce for sometime. My dad doesn't want to give her any money and neither have an attorney. There are six kids, only 1 still at home, and she found out he cashed in his 401k. They have been married for 36 but for the last 13yrs he has been living with another women. My mom doesn't have a lot of money, but we are willing to help her out some. What should she do to get this done and over with?


(They are in Erie PA)
Submitted: 7 years ago.
Category: Family Law
Expert:  Ellen replied 7 years ago.

I am the JustAnswer expert that will be helping you today. I am a lawyer with 25 years experience. Although I am not your attorney, I hope that I can give you helpful legal information.

Your mother will want to retain local counsel and request temporary support during the pendency of the proceeding.

She should not be overly concerned with the cost of her attorney. A good litigator may be able to have her husband pay his fees. She will want to retain the best attorney that her husband's money can buy.

Good luck.
Customer: replied 7 years ago.

Would she be entitled to half my dad's 401k even if he cashed it in, and is there anyway to force it through when he is not being cooperative??

Expert:  Ellen replied 7 years ago.
Your mother would be entitled to an equitable share of the 401(k). Equitable does not mean equal although it usually is. Equitable means fair. In determining what is fair the court may consider the dissipation of the marital assets on the extramarital affair
Customer: replied 7 years ago.

How does a ruling get made when one party is not being cooperative or reasonalbe?

Expert:  Ellen replied 7 years ago.
It is not unusual for a spouse to be uncooperative or unreasonable in a divorce proceeding. Your mother's lawyer will be able to assist her by using the courts discovery methods to determine assets and protect your mother's rights.
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