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I was divorced in 1995. My ex-wife and I agreed at that time…

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I was divorced in 1995...
I was divorced in 1995. My ex-wife and I agreed at that time to waive the 50% split of the home equity and my pension in leu of the following: She got 100% of the home equity and I retained 100% of my pension. This was detailed in the divorce decree as "See Exhibit A".
When I went to the courthouse to obtain the complete copy of my divorce decree, Exhibit A was missing from the archives, which are stored on microfiche.
Due to this missing exhibit, my pension fund will not honor the decree by distributing 100% of my pension to me. I even have the title agreement for the home, which says, all proceeds go to my ex-wife. However, I am told that that is not enough.
What can I do about the missing exhibit and collecting my entire pension amount?
Submitted: 3 years ago.Category: Family Law
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1/2/2015
Family Lawyer: Law Pro, Lawyer replied 3 years ago
Law Pro
Law Pro, Lawyer
Category: Family Law
Satisfied Customers: 24,870
Experience: 20 years practicing family law from divorce, custody, support, alimony to equitable distribution
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Hi! My name is ***** ***** I'll be the attorney assisting you.

A couple of things:

1) do you have a copy of the exhibit A?

2) do you have a copy of divorce decree that was signed by the judge - does it have exhibit A attached?

3) is the ex contesting or is she agreeable to assist you?
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Customer reply replied 3 years ago

1) No. That's the problem. Exhibit A is missing, though it is referenced in the decree regarding the distribution of equity and pension.

2) Yes. I have a complete copy of the decree (minus exhibit A).

3) The pension fund attorneys sent the ex papers to waive the pension based on our original agreement at the time of the divorce, however, she never responded to it. I sent her an email giving her a head's up regarding the waiver papers but she never responded to my email either.

We are on good terms, and I have decided to speak to her about it again in the future, but want to know other options should she contest.

Family Lawyer: Law Pro, Lawyer replied 3 years ago
Is there an explanation that one can gather elsewhere states the agreement to waive the 50% split of the home equity and my pension in leu of the following: She got 100% of the home equity and I retained 100% of my pension?

Anywhere in any documentation or correspondence?
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Customer reply replied 3 years ago

Thanks Fred.

The only thing I can produce is the settlement statement from the title company where the undersigned, "Maxine Gutendorf" (ex) is to receive 100% of the proceeds due the undersigned.... See attachment.

Customer reply replied 3 years ago

Also, here is another page regarding the disbursement agreement. .

Family Lawyer: Law Pro, Lawyer replied 3 years ago
But where on that documentation you posted does it say what the division was going to be?

Were you both represented by legal counsel at the time of this settlement agreement?
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