101 Summit, Suite 700
Fort Worth, Texas 76102
Office 817-984-7585
Fax 817-984-7589
 

QDRO Preparation Directly for a Party

There are occasions on which a party requests that I prepare a QDRO directly for him or her without the involvement of another attorney.  This usually occurs when the divorce has already been finalized without a QDRO being entered and the party does not want to return to the divorce lawyer for entry of the QDRO.  Also, more parties are doing their own divorces but quickly realize that drafting a QDRO is beyond their ability.

When I prepare a QDRO for an attorney, the attorney is responsible for dealing with the client, answering basic questions of the client, gathering the required information and documents and obtaining the approval of the opposing party and/or entry of the QDRO with the Court.  However, if the party handles all the things an attorney would handle, I will charge the same fee as for an attorney, which is $350.  That would require the party to send me a QDRO Fact Sheet, properly completed with items listed on page 2, without an in-person conference (telephone or email is acceptable).  It would also require the party to be responsible for entry of the QDRO with the divorce court and provide me with a certified copy.

A QDRO is a Court order and as such, may only be entered by the original divorce Court upon certain conditions.  First, the Court may sign the order without the filing of a Petition or Motion, and without a hearing, if the QDRO is approved by all parties.  (Even when so approved, a few Courts still require the filing of a Petition or Motion).  Second, if approval by the other side can't be obtained or there is a disagreement in the terms of the QDRO, a Petition to Enter QDRO must be filed, served upon the opposing party and a hearing scheduled with the Court.  I have seen occasions when a Judge signed a QDRO without following these rules, but that is quite rare. 

I will prepare a QDRO directly for a party only if it is agreed by all parties and approved by all parties.  Also, the party that hires me will be responsible for getting the Order entered with the Court and a certified copy returned to me. 

In the event that I have prepared a QDRO for a party directly and the party can't obtain the approval of the opposing party, the client must hire an attorney to prepare the Petition, obtain service and attend the hearing, even if the case is from Tarrant County.  I no longer offer that service.  The QDRO I prepared may be used since it has already been paid for, and I will contact the hired attorney to work that out. 

If you are going to obtain the Judge's signature and need some instructions on how to go about that, please click on the following link.  INSTRUCTIONS