Complaint of Equitable Distribution


#1

I’m confused. Thought I had a straight forward situation. Been separated over a year now and ready to move on. We have no kids and we have split all our marital property already with the exception of the money I owe from my 401K. It’s all spelled out in the separation agreement which I did file with the register of deeds at the recommendation of the clerk of civil court. I drafted the QDRO and received preliminary approval from the plan administrator. I tried to include the QDRO form with my Complaint for Divorce when I went to file. They said I needed to file a complaint for equitable distribution in Family Court first before I could file for divorce. I don’t understand. I file a complaint against myself to have the QDRO executed? Why can’t it just be incorporated in the complaint for divorce? Even if it can’t, is a separate complaint for equitable distribution the correct path or is there better way to have the QDRO executed?


#2

You have to file a complaint for ED and in the complaint state that you are filing this specifically for entry of the QDRO. In order for the judge to sign it, you will need it to have a file number, in order for there to be a file number you must file a complaint.