Does my atty have to appear in court when my ex files a QDRO


#1

Hi.
My ex is getting an attorney to help him fill out a QDRO so he can obtain his share of my 401K. Fidelity has a good site that assists in getting the QDRO formatted, and even produces a copy of the order to be presented in court. My question is this: is my attorney expected to attend court when this QDRO is filed? (remember, it’s my ex that’s getting the QDRO filed). Frankly, I don’t want to have to pay my atty to show up for court, when the document is not being contested. (By the way, this will occur in Alamance County).

I just don’t know what the procedure is for getting the QDRO signed.

Thank you


#2

If you’re not contesting it, why should you, or you’re lawyer show. You just saved yourself $$, and not having to waste time in court. Just make sure you know what’s in the QDRO.


#3

The QDRO should be entered as a consent order with both you and your attorney signing off on the form/contents prior to presentation to the judge. If you sign out of court, there should be no reason for both parties to be present in court. The procedure varies from county to county, but the other attorney should be able to present it to the judge without having a hearing if all parties and attorneys consent.