A QDRO and joinder were filed for CALstrs pension to divide community property. How do I reverse the court order and bring the status to before filing

My divorce was with “reserved jurisdiction” meaning that I am not really divorced. I would like to pull the Qdro and joinder to the original status and not divide the pension as prescribed in the court order.I would also like to be named beneficiary for the retirement benefits at the time when my husband passes away. What forms should I file and how can I be assured to be a recipient of benefits?

Asked on June 4, 2009 under Family Law, California

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I'm not a California attorney, so I don't know the exact procedure or what it's called in your state, but you're trying to modify the existing divorce (or not-quite-divorce) decree or judgment.  You would have to show some good reasons for changing things around to what you have in mind.  By far your best approach here is to have a lawyer in your area review all the facts of the case, and what it is you want to accomplish, so you can get reliable advice on what to do next, and how to go about it.  One place to find an attorney is our website, http://attorneypages.com

The QDRO is still a court order, and you cannot simply "pull" it, there will have to be a new court order to do that.


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