I need to have the judge sign my QDRO form, how do I make a motion to file for him to sign it?

Asked almost 2 years ago - Joliet, IL

Or, where can I find a Qualified Domestic Relations Order template online that I can print? I have no money for a lawyer and the divorce is already finalized, it just needs the judge's signature.

Attorney answers (3)

  1. Gary L. Schlesinger

    Contributor Level 20

    1

    Lawyer agrees

    Answered . You prepare a motion that says the judgment to dissolve was entered, that it contains a division of the retirement plan, that a QDRO is needed, and that the attached is the proposed QDRO. Then ask the court to sign the QDRO.

    Put the case on the court call. Send a notice to the other party. Show up in court with several copies of the QDRO. Ask the clerk to have the judge sign a duplicate one. Get it certified and send it to the retirement folks. Be sure to get a copy to the other party.

    However, you only do that if the retirement people have approved your form in advance.

  2. Judy A. Goldstein

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Is the QDRO approved by the administrator? If so, go to the clerk of the circuit court (2nd floor, Will County) and get a motion date, using your original case number. Fill out the Notice and Motion form indicating you are seeking entry of a QDRO.. Send a copy to your ex. Go to court on the selected date. Present an original copy of the QDRO to the judge. The judge will sign it. Ask for a certified copy. The bailiff will bring the court file down to the clerk. Obtain a certified copy and a regular copy. (You will have to pay.) Keep the regular copy. Send the certified copy by certified mail, return receipt requested, to the plan administrator.

    If you do not have an approved QDRO, you are in trouble. You cannot do this yourself. Most attorneys no longer do QDROs unless they specializes in this area of law due to the high incidence of malpractice claims. You need a lawyer, regardless of your financial situation.

  3. David Matthew Gotzh

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Agreed. We sometimes outsource QDRO's to other attorney's. Why? Because they can come back to haunt you years later. So if it's hard for us, imagine what it is to a pro se person.

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