DIY QDRO question


#1

My husband and I divorced in 2013 (Cabarrus) and we never did any formal legal documentation and no cases were filed. We mutually agreed to the amount he would give me from his 401k via QDRO and he has filled out the QDRO paperwork. He attempted to file the paperwork with the court but was told since there was no case, they could not file it. Can we still open a case even though the divorce is finalized? If so, can I do it DIY or do I have to have an attorney?


#2

In looking into this more, it seems that we needed to have filed for the QDRO as a part of the divorce. Is it in fact too late?


#3

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.


#4

If we are already divorced, is it to late to file a complaint?


#5

You can still file the QDRO as long as your former spouse consents. Since you obtained a divorce decree without preserving your claim for ED, the only way you can file an action for ED at this point is if both parties consent.