Legal Question in Family Law in Virginia

I was married for 13 years to my second husband, who adopted all 3 of my childrenHe and I have been divorced for 17 years and he has been re-married for 11 years. When we got our divorce, I didn't have the money for my own lawyer, and my husband at the time convinced me to just come to his lawyers office and his lawyer could take care of the divorce for both of us. Well, down the road 17 years now, I realize why. I let him and his lawyer snow me good,( out of ignorance ).My ex retired about 4 years ago and he and his now wife, apparently, just spent his retirement money on their cushy life and he knew that I had no idea that I was entitled to part of it. I have been on total disability for 3 years, and couldn't work for a year and a half before I was approved. I had to live in low income housing project, struggling with chronic pain and trying to live on $854. a month. I have no other resources for financial support, I'm single. Now I hope you don't laugh about this question, but is 17 years too long to go back and try to get my fair part of that money plus interest? I'm sure there was nothing mentioned about that in our divorce papers, and I no longer have a copy anyway. Would I still be intitled, even if nothing in our papers addressed the issue?

Asked on 10/19/10, 4:12 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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Very unlikely (in my opinion) since the failure to have your possible entitlements

arising from this marriage addressed in the Final Decree would probably be interpreted as a waiver on your part.

Answered on 10/24/10, 8:37 pm

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