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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33550
Experience:  Began practicing law in 1992
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Separated from husband over 10years. Do not know where he lives

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Separated from husband over 10years. Do not know where he lives and I am getting ready to retire from my job. They require him to sign my forms for my money benifits of the retirement. I know what he has altzimers and lives somewhere in washington. I have tried to contact one of his family members for information but will not responed to me. My company suggested a abandoment form. Is there such a form in oregon that i can file and get my retirement in a timely manor. Thanks Paula
Submitted: 2 years ago.
Category: Legal
Expert:  Dwayne B. replied 2 years ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. You have a number of issues here. First, I'm not familiar with the abandonment form they are talking about and don't believe there is anything like that which would apply under your facts. Second, if your ex has Alzheimers to an extent where he is not competent then he wouldn't be able to sign off on any papers that would waive his right to your retirement anyway.To find him you might consider hiring a private investigator. They usually have access to normally confidential information through contacts inside of government agencies.If you can't locate him then the next thing to consider doing is a divorce. While normally you would have to serve your spouse with the divorce papers, the law allows for what is known as "substituted service" which can include serving a family member who is likely to know his location or how to contact him, publishing notice in the newspaper, or another method.The judge in the divorce case can award the retirement funds entirely to you although they are in reality community/marital property (at least partially). A local lawyer would be able to tell you what the local judge is likely to do under your facts.Of course, a divorce isn't granted overnight and if you decide to go this route the sooner you file the sooner it will be completed. You definitely want a lawyer to assist you since there is a missing spouse and you have to have an order specifically granting the retirement and a properly drafted QDRO.If your question has been answered completely then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating (of course I’d suggest Excellent!) so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread.