Can I file a simple uncontested QDRO myself?

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Can I file a simple uncontested QDRO myself?

We had an amicable divorce and I now need to file a QDRO. It’s not much money,$7k.

Asked on May 10, 2011 under Family Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

A Qualified Domestic Relations Order basically allows an alternate payee (beneficiary) to obtain monies from a retirement plan. You don't need your spouse to file a motion for the court to order this. Further, an agency who has authority to order or finalize a QDRO is sufficient. Once you have a legally ordered or binding QDRO, you can present it to the proper office within the company who handles the payouts (say in a 401k) and you should be able to obtain payment fairly quickly.  You should include any documentation supporting the QDRO being entered in your favor, from the divorce decree to emails and correspondence from the spouse indicating no objection to your payout.


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