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If a couple divorced without attorneys and a signed the

Customer Question
If a couple divorced...

If a couple divorced without attorneys and a signed the divorce decree, the community property is left to be settled between the couple

Lawyer's Assistant: Where is the property located?

Maurice Louisiana

Lawyer's Assistant: Has any paperwork been filed?

Only paper work was divorce papers and they are finalized

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Still there

Submitted: 7 months ago.Category: Family Law
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Answered in 3 hours by:
12/6/2017
Family Lawyer: Lucy, Esq., Lawyer replied 7 months ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,264
Experience: Attorney with experience in family law.
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

What, if anything, does the divorce decree say about the community property?

What are your questions about dividing it?

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Customer reply replied 7 months ago
A vehicle and my 401k
Family Lawyer: Lucy, Esq., Lawyer replied 7 months ago

The default is that you would each get half of the amount of money contributed to the 401(k) during the marriage, and half of any earnings on that money. For accounts opened during the marriage, that's easy - it's a 50/50 split. The 401(k) company will require a Qualified Domestic Relations Order (QDRO) before splitting the account. You can get samples of those online.

For the vehicle, typically, whoever keeps it will have to pay the other spouse half the equity. You can get the value from www.kbb.com.

That's the default. You're free to agree to something else, but that's what a judge would do if you can't reach a resolution and wound up back in court.

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Family Lawyer: Lucy, Esq., Lawyer replied 7 months ago

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