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I have been divorced for 10 mons and signed papers in front…

I have been divorced...

I have been divorced for 10 mons and signed papers in front of a judge. My ex has hired an attorney to gain part of my 401k. Is this possible?

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

No. No children involved.

Lawyer's Assistant: Family law varies by state. What state are you in?

WI

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

She abandoned our marriage 2 yrs before filing.

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Answered in 1 minute by:
3/28/2018
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 49,651
Experience: 30 years as a family law lawyer .
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Ask Your Own Family Law Question

Yes its possible here if you contributed tot he 401k during the marriage.

isconsin is a community property state, which means that Wisconsin courts divide marital property equally between divorcing spouses. Although equal division of property does not always mean an exact 50/50 split, Wisconsin courts generally try to order property distributions that leave the parties with the same amount of assets and debts.

Generally, Wisconsin courts favor an equal division of marital property. However, a court may deviate from an equal distribution of assets after considering several factors, including:

  • the length of the marriage
  • the property each spouse brought into the marriage
  • whether either spouse has substantial assets not subject to division by the court (e.g., substantial separate property, such as a large inheritance)
  • the spouses’ ages and physical and emotional health
  • each spouse’s contributions to the marriage, giving appropriate economic value to any homemaking and child care services either spouse provided during the marriage, and
  • each spouse’s earning capacity (the ability to earn income based on education, job history and skills, and local employment opportunities).

You may consider a local lawyer to represent to protect your rights.

I am so sorry you are having to deal with this and appreciated the chance to help you .

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Call Us: You can reach LRIS by phone at(###) ###-####or(###) ###-####(in Dane County and outside of Wisconsin). We are open Monday through Friday from 8 a.m. to 5 p.m.

I f you can positive rate 5 stars it is truly much appreciated.Prayers to you with all of this.

RayAnswers
RayAnswers, Lawyer
Category: Family Law
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Customer reply replied 5 months ago
Thanks 4 the info.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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