Do I need an attorney to prepare and file an amendment to a divorce decree?

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Do I need an attorney to prepare and file an amendment to a divorce decree?

In my divorce decree, both parties agreed to have my spouse receive one half of the cash value of my retirement calculated at the original date of separation. However prior to having a QDRO completed my spouse has stated that she would instead relinquish that settlement in favor of a straight cash buyout. We both agree that this would save each of us money in the long run, however would not like to incur any additional attorney fee’s if a notarized agreement can be filed ourselves with the court.

Asked on August 28, 2011 Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You and your spouse can write, sign, date and file the amendment with the court.

Example:  Amendment to Divorce Decree  Jones v. Jones , (name of court) Case Number:________

The undersigned amend the divorce decree in the above-captioned case as follows:

__________ (name of spouse)relinquishes her one half interest in the cash value of ______________ (name of spouse) retirement benefits in exchange for  payment of  $________ in cash which represents the value of the retirement benefits as of _______ (date).

 

____________________

Signature

______________

printed name

_____________

date

 

__________________

signature

_________________

printed name

______________

date   


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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