How to file a QDRO in Union County NC

North Carolina Divorce Law Divorce and Separation Answers
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The wife (dependent spouse) and I (supporting spouse) have agreed on the terms of the separation agreement. Part of that agreement is that she will get my Pension Plan funds via a QDRO. The QDRO has been written and has been approved by the administrator of the Pension Plan. As I understand the next step is to get the QDRO to a judge. My questions are:

1.) I understand that a complaint for equitable distribution needs to be filed. Who files the complaint? Is it the dependent spouse?
2.) From reading on this forum it appears that a friendly complaint for equitable distribution needs to be filed. The filing will be in Union County (District 20B), NC. I have found the “Complaint for Equitable Distribution Pretrial Order”. That form has many appendices to be completed. It appears to cover more items than we want to put before the court. We have agreed on the distribution, we just need to get the QDRO before a judge. Does the Complaint for Equitable Distribution Pretrial Order get filed for this case or is there a simpler form that can be used? What is that simpler form title?
3.) What supporting documents and other documents will be needed with the filing? i.e. cover page, etc.

Thank you for your help

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  1. Either party can file the friendly complaint for equitable distribution. Keep in mind the filing fees are $150.

  2. The only thing that you would need to file is a complaint for equitable distribution. This looks like a typical complaint which would state the jurisdictional allegations (counties of residence for each party, date of marriage, date of separation), that the parties obtained marital property during the marriage subject to being divided, and that the parties have agreed to the division and distribution of the marital property including using a QDRO to finish dividing the property. There is no pre-printed form for an equitable distribution complaint.

  3. In addition to the complaint itself with an attached verification, you will also need to file a Domestic Civil Action Cover Sheet (Form CV-750) and a Civil Summons (Form CV-100). Those forms can be found at the at the NC Courts website. Note that Union County may have additional local forms that need to be filed as well, such as a form assigning a particular judge.