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:
You can file the forms yourself without an attorney. Pro se legal representation is permitted in family law cases, including QDROs, although many choose to hire attorneys due to the complexities involved.
The court that issued your divorce decree retains the authority to enforce the property division outlined in that decree. This includes the ability to issue orders clarifying or implementing the property division, as long as the original division is not changed. The court can use various methods to enforce this division, such as clarification orders, money judgments, or contempt orders.
To seek a new or amended QDRO, you must file with the court that issued the final decree. This court has continuing jurisdiction over the parties and property for rendering a QDRO, similar to the original division (Fla. Stat. § 61.125).
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.