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quadro divorce... the attorney never set aside the motion or have divorce nullified

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  • quadro divorce... the attorney never set aside the motion or have divorce nullified

    Initiated by attorney, my husband and I filed for quadro divorce to receive monies from his 401k benefit in order to pay legal defense for son, this was in 2009. We were told to do this by attorney and he was to have motion set aside after I received money. The money was sent to me and I gave money to husband and he dispersed money as needed for legal defense.

    A few months ago, I see on line that the attorney never set aside the motion or have divorce nullified and now we have been divorced since 2009? My husband has contacted the attorney and he states we should get married again. Will you please advise me on what to do and if we can still have this motion set aside and if we should get married again, what about the attorney in this matter; does he just walk away? should he not be held accountable for any of this negligence?

    Please advise me, thank you

  • #2
    re: quadro divorce... the attorney never set aside the motion or have divorce nullified

    Though BROWN V. CONTINENTAL established the fraud was not illegal from an ERISA perspective, it could be deemed as presenting a fraud on the court. Your and hubbys failure to follow through with confirming reversing the fraud was complete, does not indicate a specific obligation for the lawyer. Get remarried.
    Due to a recent promotion, I should now be referred to as Major Obvious.

    I would not be trying to provide information and knowledge if I did not sympathize.

    Some days it is just not worth chewing through the restraints to face life.

    Comment


    • #3
      re: quadro divorce... the attorney never set aside the motion or have divorce nullified

      I wish to inform you that you may file a motion to set aside the divorce. You may inform the Court to toll the interim period after the divorce as you and your spouse were not aware that you were divorced because of the misrepresentation by the lawyer. The Court will consider all the facts and decide the matter.

      AFF

      Comment


      • #4
        Re: quadro divorce... the attorney never set aside the motion or have divorce nullifi

        Originally posted by debraglo View Post
        Initiated by attorney, my husband and I filed for quadro divorce to receive monies from his 401k benefit in order to pay legal defense for son, this was in 2009. We were told to do this by attorney and he was to have motion set aside after I received money. The money was sent to me and I gave money to husband and he dispersed money as needed for legal defense.

        A few months ago, I see on line that the attorney never set aside the motion or have divorce nullified and now we have been divorced since 2009? My husband has contacted the attorney and he states we should get married again. Will you please advise me on what to do and if we can still have this motion set aside and if we should get married again, what about the attorney in this matter; does he just walk away? should he not be held accountable for any of this negligence?

        Please advise me, thank you
        What are your damages? In order to sue anyone to make the suit worthwhile, there must be damages of some sort. Unless you can prove substantial damages, even though you were attempting to perpetrate a fraud, save the effort and money for a new marriage ceremony and second honeymoon.

        Comment


        • #5
          Re: quadro divorce... the attorney never set aside the motion or have divorce nullifi

          Originally posted by Friend In Court View Post
          What are your damages? In order to sue anyone to make the suit worthwhile, there must be damages of some sort. Unless you can prove substantial damages, even though you were attempting to perpetrate a fraud, save the effort and money for a new marriage ceremony and second honeymoon.
          I concur.

          You were using a fraudulent divorce in order to get around regulations put in place to prevent unauthorized withdrawals from the 401k account. Now you want to blame your attorney for not playing along and reversing the divorce you used to defraud your 401k provider? That's unlikely to happen.
          "If it ain't in writing, it never happened."
          "A lack of planning on your part does not constitute an emergency on my part."
          "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

          Comment


          • #6
            Re: quadro divorce... the attorney never set aside the motion or have divorce nullifi

            There are damages because I don't want to be married any longer and want pension benefits

            Comment


            • #7
              Re: quadro divorce... the attorney never set aside the motion or have divorce nullifi

              Don't want to remarry, want pension benefits and everything else that goes with 28 years of marriage

              Comment


              • #8
                Re: quadro divorce... the attorney never set aside the motion or have divorce nullifi

                ROFLMAO. Apparently, you are hoist with your own petard. I suggest you consult the contract where the lawyer agreed to commit a fraudulent filing with court and see what it says. You don't appear to have been married 28 years.
                Due to a recent promotion, I should now be referred to as Major Obvious.

                I would not be trying to provide information and knowledge if I did not sympathize.

                Some days it is just not worth chewing through the restraints to face life.

                Comment


                • #9
                  Re: quadro divorce... the attorney never set aside the motion or have divorce nullifi

                  Originally posted by debraglo View Post
                  There are damages because I don't want to be married any longer and want pension benefits
                  Originally posted by debraglo View Post
                  Don't want to remarry, want pension benefits and everything else that goes with 28 years of marriage
                  I am completely and thoroughly confused.

                  In your original post, you stated that you got divorced in order to cash out your ex-husband's 401k benefits and use them for your son's legal defense. You gave us the impression that you divorced solely to qualify for that withdrawal and that you intended to have the divorce nullified and reinstated after you two got the cash. Is that not the case?

                  Now you are saying that you never intended to remarry, that the divorce was intended to permanently dissolve the marriage. If your intention was to end the marriage, then any distribution of marital assets should have been dealt with during the divorce proceedings.

                  Did you happen to have your husband's attorney handle all the paperwork, whereas you went through the process unrepresented and relying upon HIM to make sure you got what you were felt you were entitled to? If so, that's where the problem starts and ends. You should NEVER have trusted HIS attorney to ensure that YOUR best interests were being considered. HIS attorney didn't work for you - they worked for your ex-husband. HIS attorney didn't commit any kind of malpractice or ethical violation by not taking care of your needs during the divorce.

                  If you wanted to make sure that you got the pension to which you feel you were entitled, then you should have hired your OWN attorney to represent you in the divorce. At this point, it's way too late as you appear to have lost your chance to make a claim on those pension benefits.
                  "If it ain't in writing, it never happened."
                  "A lack of planning on your part does not constitute an emergency on my part."
                  "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

                  Comment


                  • #10
                    Re: quadro divorce... the attorney never set aside the motion or have divorce nullifi

                    The way I read this is they only had a QDRO issued for enough to pay for the defense from his retirement account. Since they were not effective in completing their perpetuated fraud, she is now not legally entitled to part of the pension ex-hubby is going to receive.
                    Due to a recent promotion, I should now be referred to as Major Obvious.

                    I would not be trying to provide information and knowledge if I did not sympathize.

                    Some days it is just not worth chewing through the restraints to face life.

                    Comment


                    • #11
                      Re: quadro divorce... the attorney never set aside the motion or have divorce nullifi

                      Originally posted by debraglo View Post
                      There are damages because I don't want to be married any longer and want pension benefits
                      If the divorce did not treat the pension benefits you are free to move the court to reopen the case and decide that issue. Reopening a divorce decree for omitted items is often done, usually in the case of assets or liabilities not disposed of.

                      Comment


                      • #12
                        Re: quadro divorce... the attorney never set aside the motion or have divorce nullifi

                        So she can admit the fraud perpetuated on the court. Your Honor, I would like to motion for you to reverse my divorce decree, so I can profit from exploiting the system again. I didn't do it right the first time.

                        Originally posted by Friend In Court View Post
                        If the divorce did not treat the pension benefits you are free to move the court to reopen the case and decide that issue. Reopening a divorce decree for omitted items is often done, usually in the case of assets or liabilities not disposed of.
                        Due to a recent promotion, I should now be referred to as Major Obvious.

                        I would not be trying to provide information and knowledge if I did not sympathize.

                        Some days it is just not worth chewing through the restraints to face life.

                        Comment


                        • #13
                          Re: quadro divorce... the attorney never set aside the motion or have divorce nullifi

                          Sandyclaus and Disagreeable, the problem is I no longer want to remain married now, if quadro was represented as attorney presented this would not be happening. To be divorced in 2009 was not our intention, we were instructed by Our attorney to divorce for the 401K benefits, people change, life changes and I will do what needs to be done to set it right for me.....

                          Comment


                          • #14
                            Re: quadro divorce... the attorney never set aside the motion or have divorce nullifi

                            You are not married now, so that isn't a problem. Sorry bout yer luck.
                            Due to a recent promotion, I should now be referred to as Major Obvious.

                            I would not be trying to provide information and knowledge if I did not sympathize.

                            Some days it is just not worth chewing through the restraints to face life.

                            Comment

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