Capitola, CA Divorce Law Firms & Lawyers

The part of your husband's 401(k) which was acquired during the marriage is marital property subject to being equitably divided by the court in a divorce. For example, if your husband had contributed to the 401(k) for 30 years, but had only been married 10 of those 30 years, one-third of the 401(k) would be considered marital property, and two-thirds would be considered your husband's separate property.

Only the judge who heard your case or an appeals court (if it is not too late to file an appeal) can decide whether your attorney's conduct (or misconduct in your view) justifies granting a new trial. That decision will have to be based on all the relevant facts and will depend largely on whether you can show the judge that he would have probably done something different if you attorney had done what you say he failed to do. You obviously can present your arguments as to how you have been harmed by your lawyer's misconduct, but it isn't possible in this forum to predict what the judge will do.