QDRO court process


#1

My husband and I prepared the QDRO document using the plan administrator’s website. The basic terms of the QDRO are also stated in our separation agreement, which is incorporated in the divorce complaint. The QDRO document does not have any spaces for signatures or notary statements. When our divorce is finalized, I need to have a judge sign the QDRO. In NC courts, will it be an issue that the QDRO is not signed by anyone? Can the judge sign off on the QDRO at the same time she/he finalizes the divorce? Or is getting the QDRO signed a separate complaint or motion? If so, will it need to be scheduled with a court date? The timing is critical as I need access to my share ASAP.
Thank you.


#2

Our divorce is final. If the QDRO could have been included in the summary judgement, it was not. Now my attorney says he will file a motion to enter the QDRO. I am VERY concerned about the time frame, as I need access to this money ASAP. (doesn’t everyone in this situation?) My attorney doesn’t think the motion needs to be signed by my ex. If it needs to be signed and notarized, that could add up to 10 days, as my husband lives out of the country. If my ex needs to be served, this complicates it further. Can someone please explain the process? will my ex need to sign anything?

This is an amicable divorce, and my ex will help to expedite any documents necessary. Since he lives out of the country, maybe it’s a good idea for him to set up a POA locally?

Thank you.


#3

Both parties should sign the QDRO; your ex needs to authorize the QDRO in front of a notary before the judge will sign it.