Usually, when the union becomes toxic, divorce becomes the safe option to adopt. However, the proceeds from the union can be shared inappropriately, thereby making one party gain more than the other.
This misappropriation is particularly true with retirements plans which are often neglected when splitting the couple’s assets. Hence, there is a pressing need to adopt the QDRO (Qualified Domestic Relations Order).
If your case is not complex, especially when there isn’t a lot of assets or estates to divide, you might not necessarily need an attorney to file a QDRO. Nonetheless, when the process comes to some critical stages, such as the drafting stage, legal guidance is inevitable.
So, how do you go about it? Before filing a QDRO, you need to draft it. The initial stage of the drafting involves a step-by-step analysis of the circumstances and plans behind the divorce to know the total value of the assets at stake.
Here, you must employ the technical expertise of a legal counsel to monitor the drafting process. The attorney will relate all the legal requirements needed for the retirement plans to you.
Steps to File a QDRO
More often than not, filing a qualified domestic relations order involves two things. It is either the order has been drafted and only requires the judge’s signature, or it has been signed by the judge and awaits presentation to a court clerk who will serve it to the concerned party. Irrespective of how you are doing it, it is pertinent that you submit the order to a court clerk or county for filing, especially in the case of a divorce.
Basically, filing a drafted order is easy. Here are the processes to take when filing a QDRO order.
- Assent
The signature of a judge makes a QDRO valid and legal. Thus, once the order has been drafted and filed, it should be forwarded to a judge to append his signature. Also, a notice will be served to your ex-spouse or his legal counsel. Ensure you have the signed order with you.
- Delivery to a Court Clerk
Send the filed order to a reputable court clerk or county to file it on your behalf. Ensure you receive a copy of the filed order from the court clerk.
- Resubmission to a Court Clerk
Although this step isn’t essential, it is, however, very necessary. Ensure that you submit the signed and filed QDRO order to the court clerk requesting that a certified copy be given to you and the other party.
We are irrevocably devoted to ensuring that you get the best out of your divorce without any mishap. We have technical legal counsels at our disposal who will help protect your interest in this challenging time.
Indeed, you are in safe hands. Feel free to give us a call, or fill our contact form to get in touch.
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