QUESTION

How do I get a QDRO filed without an attorney?

Asked on Feb 26th, 2014 on Divorce - California
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5 ANSWERS

Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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First there has to be a divorce. Second, it has to be part of the property settlement. If it is, call the trustee for the 401k or the pension. They may have a preferred form for the QDRO. Then get it in proper format for the court. However, if the divorce was granted without any mention of the retirement benefits, it may be too late. Sometimes, the cost of the attorney is less than losing the benefit.
Answered on Mar 03rd, 2014 at 6:23 PM

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While there are QDRO preparation services, these services are primarily just attorneys that only do QDRO's that's what you are trying to avoid. There is a chance that the retirement interest that the court divided amongst the spouses in the divorce is one that the plan administrator has a standardized QDRO that they offer and/or insist that divorcing parties use. If that's the case it should then just be a matter submitting it correctly to the plan administrator for verification before sending it to the court for approval. If that option isn't available, you'll have to hire an attorney or QDRO service.
Answered on Mar 03rd, 2014 at 5:04 PM

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Domestic Relations Attorney serving Omaha, NE at Diane L. Berger
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If it has been prepared and approved you simply file it.
Answered on Mar 03rd, 2014 at 4:56 PM

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Business Litigation Attorney serving Los Angeles, CA at Gerard A. Fierro & Associates
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Sometimes the pension plan has forms or templates that can be used for the QDRO. There are also QDRO specialists that do QDROs that are specialists that attorneys sometimes hire.
Answered on Mar 03rd, 2014 at 4:48 PM

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Dispute Resolution Attorney serving Seattle, WA at Law Offices of Helene Ellenbogen P.S.
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You follow the requirements of the fund and file it like any other agreed motion/order.
Answered on Mar 03rd, 2014 at 4:48 PM

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