Question:
My original divorce attorney has seemingly vanished and has not responded to affidavits for the QDRO so now I am being charged with contempt.
How can I prove to the court that this contempt charge is not based on my own doing, but by my divorce lawyer’s lack of communication and action?
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on New Jersey divorce laws where I am licensed to practice.
I do not know what has transpired between you and your original divorce attorney and why he has not cooperated with your efforts to get the QDRO executed.
If a party has failed to comply with a provision of the marital settlement agreement, the aggrieved party can file a motion to enforce the agreement and can, among other remedies, ask the court to hold the other party in contempt and also seek sanctions and fines.
If this is the case with your matter, you need to detail with specificity the efforts you have made to contact your prior attorney and comply with your obligations under the Agreement.
If you have the documents that are needed to prepare the QDRO, you should bring them to court with you and be prepared to provide them to opposing counsel.
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Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including New Jersey Divorce Lawyer Christine A. Dolan, contact Cordell & Cordell.
