Full question:
I was granted a divorce in 1993 which included provisions for a Qualified Domestic Relations Order reading 'One Half(1/2) of retirement benefits accrued as a result of Respondent's employment, as set out more fully in a Qualified Domestic Relations Order entered or to be entered into this cause. I discovered my lawyer never completed the order or filed it. I have spent more money having a lawyer in Dallas process the correct forms and terms with the administrator. What I need to know is if I can present it to the Judge in 140th Court to get a signature without having to pay another attorney? Then pay the filing fee and file it in district court.
- Category: Divorce
- Subcategory: Property Settlements
- Date:
- State: Texas
Answer:
It is possible to file the forms yourself without an attorney. Pro se legal representation is allowed in virtually any family law filing, however, attorneys are often hired due to the complexities of the laws surrounding QDROs.
A court that renders a dissolution decree generally retains the power to enforce the property division made in the decree. The court may render further orders to enforce the property division made in the dissolution decree to assist in the implementation of or to clarify the prior order. The court may specify more precisely the manner of effecting the property division, as long as the substantive division is not altered or changed. The court has at its disposal a variety of methods to enforce the property division, including a clarification order, an order to deliver specific existing property, a money judgment, an order enforcing an award of the right to receive installment payments or a lump-sum payment, and enforcement by contempt.
A petition seeking a new or amended QDRO or similar order must be filed with the court that rendered the final decree dividing the property. Notwithstanding any other enforcement provision of the Family Code, the court that rendered the final decree dividing the property has continuing, exclusive jurisdiction over the parties and property for purposes of rendering a QDRO or similar order as if the court were required to currently divide the benefit in a manner substantially similar to the original division.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
