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 9 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   


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