Greetings. Your ex-husband is correct. First, you must file a complaint for equitable distribution. The divorce complaint and judgment need to both contain language reserving your right to file a QDRO. If your husband drafted the QDRO, he may have completed his obligation in the separation agreement, although I would have to see it.
Yes, it will cost you to retain an attorney, but I do not think that you have a choice, since you may lose the funds you negotiated for in the separation agreement. Best of luck.
Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607 NCDivorce.com
919-787-6668
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 but a full discussion with an attorney should be undertaken before taking any action.
It is stated in our settlement that my ex husband is to prepare and execute any and all documents necessary to secure and protect the Wife’s interest in the 401K, but not limited to the execution of the QDRO and any and all related documents necessary to transfer her interest in the plan into her separate name, at or before such time as the parties may secure an absolute divorce. We were officially divorced August 2003 and he has just now gotten a QDRO form written up. I am now living in Indiana and feel as though I am at a loss now. You stated that the signed QDRO form is not enough for the judge to sign, but does this other form need to be drawn up by a lawyer or he the ex husband to take care of this too. Is there anywhere I can download the document? He left me high and dry without any money and now I am having to live at home again with family. I truly need to find the most economical solution. I do have a lawyer in NC that helped draw up the separation papers but he no longer represents me. I would rather not have to contact him because he seemed to take me through the ringer.
Thanks for all of your help, thus far!
quote:Originally posted by JanetFritts Dear cmoade:
Greetings. Your ex-husband is correct. First, you must file a complaint for equitable distribution. The divorce complaint and judgment need to both contain language reserving your right to file a QDRO. If your husband drafted the QDRO, he may have completed his obligation in the separation agreement, although I would have to see it.
Yes, it will cost you to retain an attorney, but I do not think that you have a choice, since you may lose the funds you negotiated for in the separation agreement. Best of luck.
Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607 NCDivorce.com
919-787-6668
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 but a full discussion with an attorney should be undertaken before taking any action.
Greetings. First, if he is working with you to get the QDRO completed, that is a GOOD sign. If you both agree to process the QDRO and have it entered, I do not see a large problem. I would have him obtain an amended Divorce Judgement though, which should be easy enough for him. Best of luck!
Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607 NCDivorce.com
919-787-6668
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 but a full discussion with an attorney should be undertaken before taking any action.
I am officially divorced but I received an email from my ex-husband about the QDRO process within the courts, in order for me to receive my distribution. It is written in our settlement that he is to take care of the QDRO (which he does have a rough draft copy of it), but he is stating that there needs to be some sort of form within the actual “divorce files” stating that there will be a QDRO and equitable distribution. I no longer have representation in North Carolina, and it would cost a lot just to get this one question answered. Can anyone help?