Can I file for a QDRO without an attorney?

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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

Answers:

Terence Fenelon / Law Offices of Terence Fenelon

Answered 5 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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