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Divorced final in different county/city I live in now. Does QUDROPro have to be done by lawyer in city/c ountydivorce was filled

Atlanta, GA |
Filed under: Divorce Divorce court

Can I get an attorney in the county/city I live now to execute a QUDROPro or does it have to be done/filed by attorney in city/county where divorce was filed and finalized?

Attorney Answers 3

  1. Any attorney can prepare the QDRO, but it should, except in unusual circumstances, be signed by the judge that entered the Final Judgment and Decree of Divorce in your case.

  2. You can use a different lawyer for the QDRO but it is still filed in the original court.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.

  3. I agree with Mr. Crowe as to jurisdiction.

    A QDRO is a judgment, decree or order for a retirement plan to pay child support, alimony or marital property rights to a spouse, former spouse, child or other dependent of a participant. The QDRO must contain certain specific information, such as: the participant and each alternate payee’s name and last known mailing address , and

    the amount or percentage of the participant's benefits to be paid to each alternate payee.
    A QDRO may not award an amount or form of benefit that is not available under the plan.
    A spouse or former spouse who receives QDRO benefits from a retirement plan reports the payments received as if he or she were a plan participant. The spouse or former spouse is allocated a share of the participant's cost (investment in the contract) equal to the cost times a fraction. The numerator of the fraction is the present value of the benefits payable to the spouse or former spouse. The denominator is the present value of all benefits payable to the participant.
    A QDRO distribution that is paid to a child or other dependent is taxed to the plan participant.
    An individual may be able to roll over tax-free all or part of a distribution from a qualified retirement plan that he or she received under a QDRO.

    If a person receiving QDRO payments is either the employee's spouse or former spouse (not as a nonspousal beneficiary), then he or she can roll it over, just as if he or she were the employee receiving a plan distribution and choosing to roll it over.

    Many attorneys give free or near free consultations. All facts should be presented so a good answer can be given to you. An hour with an attorney may be the best $250.00 you can spend

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