Complaints and consent orders


#1

My wife and I agreed to an amicable separation. We agreed to the PSS, alimony and property distribution (there is no house). We were all set to write the separation agreement, then I found out she hired an attorney to write it up. Since then this simple agreement has turned into a huge mess in opinion.

Her attorney now wants to do this:

My questions are:

  1. Can a QDRO be executed while we are still legally married
  2. What are the risks and ramifications of a complaint being filed and “an acceptance of service signed by me”

I understand that in this context a consent order will put the power of the court behind the enforcement of the terms of the separation agreement, but is there anything else that I need to be concerned with?

And finally, are there any other risks, ramifications or concerns that I should have with the process he proposed?

Thank you,
Sean


#2

Yes, a QDRO can be entered while you are still married. By signing an acceptance of service, you are waiving service under the rules of civil procedure. There are many pros and cons to incorporating a separation agreement into a court order. You do not have to take this step to get a QDRO entered. You need to have a consultation with an attorney to discuss all the ramifications of incorporation.