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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 101933
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My exwife refuses to sign Quadro for my pension. I live in

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My exwife refuses to sign Quadro for my pension. I live in California. How can go forward
with this issue
Hello, my name is Ely. Welcome to JustAnswer. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not necessarily to tell you what you wish to hear. Note: there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. Can you please tell me:

1) Is the divorce still ongoing, or, has it already been finalized; and
2) Are you represented by an attorney, not not?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 4 years ago.
Divorce is final. I retired may22,2012. No attorney at this time
Thank you.

Normally, the QDRO is signed by both parties and is then approved by the Court. Then, the QDRO is sent to the pension plan company to divide the assets. Normally, this is supposed to be done at the time of the divorce, but often, this matter is forgotten.

If the other party does not wish to approve the QDRO order, then one typically has to have the Court approve it. This is done via motion. The motion is very aptly named Motion to Approve Qualified Domestic Relations Order and one may find a sample on sites like uslegalforms.com or usalegalresource.com. A sample is below:

Motion to Approve Qualified Domestic Relations Order

HERE COMES NOW Movant, and files this Motion to Approvw QDRO with this Honorable Court, and shows in support:

1. The original decree of divorce for this matter is dated ____________.
2. It it, the parties agree to divide the pension plans the following way: (explain, briefly).
3. No QDRO has been endorsed by the Court to effect the division.
4. Movant hereby requests that the Court approve and endorse the QDRO attached hereto, which reflects the division agreed-upon in the divorce.

Movant prays that the Court approve and endorse the QDRO.

Sincerely,

Signature

Name
Pro Se


A copy has to be filed with the court and set for a hearing, and the opposing party has to be notified of the date/time, as well as a copy of the motion and the proposed QDRO.

You see, even if she does not approve it, all that is needed is the Judge's signature, who should approve it after a quick hearing provided that the QRDO reflects the agreement in the divorce decree.

If possible, an attorney should be used for best results. I hope this helps and clarifies. Good luck.

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