I need to file a ED for the sole purpose to have the judge sign a QDRO that is already prepared. How do you indicate on the ED filing form that is it only to be able to submit the QDRO and a signed separation agreement is already in effect that has split all assets and debts?
You will need to state that your claim is for “equitable distribution of retirement accounts.” You may need to draft your own complaint. In the complaint you would state that a separation agreement has been entered into by the parties and that the purpose of the ED claim is only for entry of the retirement orders necessary to effectuate the division of retirement accounts pursuant to the separation agreement.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Thanks for the advice. Is there someone to download a complaint form that I can edit? I found the ED affidavit on the wake county site, but can’t find a complaint to start the filing.
This question above could have been written by me. I’ve got the same inquiry. My husband and I have a signed, notarized separation agreement and now we’re trying to get a QDRO put together. We are really hoping to avoid legal fees other than those we’d spend on “do-it-yourself” forms. Is there a boilerplate ED form that we can use?
There is no pre-printed form to file for equitable distribution. You can use our Sample Court Complaint as a guide to draft your own. You would need to omit any references to child custody, child support, alimony, and postseparation support if all that you need to do is file for ED for the purpose of entering a QDRO. See my post above about how to change some of the wording in the ED complaint.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Jill, I have one drawn up I am planning to file this week. If they accept and don’t find issues with it I can share with you if you want to email me chbrewer@yahoo.com
Also, on the QDRO check with your 401K administrator. Mine was fidelity and they had a website that creates it for you. You just input the dates and % to split.