Can I file for a QDRO without an attorney?

UPDATED: Jul 5, 2015

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Can I file for a QDRO without an attorney?

I have been divorced for over 20 years. Recently I wrote to my ex’s pension plan trust fund to start the works on receiving my share of his retirement as noted in our divorce decree. I received a letter from them stating I need to hire an attorney to file a QDRO. How do I go about doing so myself? Do I file in the state where the divorce was finalized and the trust fund is located (I no longer live in that state), and if so, where is the best place to find those forms?

Asked on July 5, 2015 under Family Law, Florida


Terence Fenelon / Law Offices of Terence Fenelon

Answered 7 years ago | Contributor

You do not need a lawyer to prepare the QDRO>  Nor do you need a cardiologist for a heart attack or a dentist for a tooth abstraction.  The results, however, can be devestating.

The document is usually complex with much legal terminanolgy and a specific formula to determine yours rights under a divorce decree.  When aprroved by the pension administrator, the document should be filed in the same county and the same case # as the divorce decree.

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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 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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