let my lawyer go for not doing nothing with the divorce i want to file

[dougrane]

he said she wants money from my company retirement and my 401k i cant retire for at least 30 years from now!how does this work?i want to file the papers myself witout a lawyer because i really cant afford one,all of the family court stuff has been done(ie)child support/custody/visitation.how do i know what she is entitled to?we have been apart for 2 and a half years,

 

[carney]

Yes, I have seen this done before. I would think it would matter how long you have been married though. If you were married for 10 years or more she has more of a shot at getting it. Under 10, I don't know for sure. If you don't want to make a deal with her then let the judge decide it. He's going to decide it the way the law allows anyway. You have a better shot if you go to court with a lawyer but if the state law says she's entitled to it, it really doesn't matter if you have a lawyer.

 

[NYClex]

That is exactlty one of the reasons why people are better off having an attorney handle their affairs. The law says that each spouse has certain rights to all assets including pension funds etc., but the actual formula how this is established, the evaluation of assets, the assignments of funds, notification of the employer, the important tax issues, and everything connected with it, that is what a lawyer should do.

Have a look at this article:http://www.legalzoom.com/law_library/divorce/faq-faq_retirement_funds.html

You might lose more in the end going alone as you might have to pay in lawyer's fees now.