I have been separated for 3 years and still no divorce. What is a QDRO? How can I get my divorce?

Asked about 4 years ago - Poughkeepsie, NY

I have been separated for 3 years and still no divorce. What is a QDRO?

How can I get my divorce?

Attorney answers (3)

  1. David Centeno

    Pro

    Contributor Level 13

    Answered . I would need to know if you have been legally separated per a separation agreement, what, if anything is happening with your divorce.

    A QDRO is a qualified domestic relations order used to divide retirement benefits in a marriage.

    THIS COMMENT DOES NOT CONSTITUTE LEGAL ADVICE and are provided for informational purposes only. Answering this question does not create an attorney-client relationship should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

  2. Christopher T. Anderson

    Contributor Level 14

    Answered . The divorce does not happen automatically ... you have to ask for it. Have you done this?

    This is a Qualified Domestic Relations Order, a means of distributing qualified retirement assets in a domestic action.

    Sounds like you need a consultation with a real, live lawyer competent in Matrimonial law, so that you can get an understanding of your options in this matter.

  3. Andrew Daniel Myers

    Contributor Level 20

    Answered . A QDRO is a Qualified Domestic Relations Order. This comes after a final court order in the case. If the court, for example, has ordered that a pension or other such asset be divided 50-50 between former husband and wife, then the attorneys prepare the QDRO, which directs the pension company or other financial institution to perform surgery on the account and to create two new accounts in accordance with the terms of the court order. It sounds simple, but QDROs rarely are simple. I could describe an appendectomy in a sentence or two. But I wouldn't recommend that anyone other than a surgeon actually do one.

    You can get a divorce by filing the correct paperwork in the court with jurisdiction. It is a good idea to have an experienced attorney do this for you. The reason I say this is that the QDRO is only one of a number of procedural issues that an experienced divorce attorney has been through before.

    This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice in which your concern lies.

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