I've been through a messy divorce
which is mostly done now, but there are still three reserved issues, one of them the equalizing QDRO. The division is very straightforward and a QDRO company has already prepared all the paperwork for the court, but my ex-wife is now refusing to sign the orders, against the advice of her own lawyer. She is making unrelated demands that I do not want to comply with. My question is: can I file a RFO to finalize the QDRO without her signature? What forms do I need?
- San Francisco, CA Court.
- I'm representing myself.
- Date of marriage
- Date of separation
- Date of retirement account joinder summons: 5/12/2014
- Date of bifurcation: 8/22/2014
- Date of judgement on reserved issues: 5/12/2015
Relevant sections from that judgement:
SECTION 3: RETIREMENT RIGHTS
3.1. Social Security. The Parties retain their respective Social Security benefits, including any derivative rights to which they might be entitled by virtue of their marriage to each other, as their separate property pursuant to federal law.
3.2. Deferred Compensation and Retirement Benefits. The Parties have community and separate property interests deferred compensation plans, including Wife's Fidelity account and Husband’s Hughes DCP and TDA Plan and UC DER and 403(b) Plans and a Google 401K Plan.
3.3. Qualified Domestic Relations Order. It is anticipated that the Parties will enter into a stipulation for a Qualified Domestic Relations Order to divide the deferred compensation provided for in the Plans, which will be prepared by the office of Moon, Schwartz, and Madden as set forth here.
SECTION 7: MISCELLANEOUS PROVISIONS
Community retirement funds will be divided by a QDRO calculated by a pension expert (Moon, Schwartz, and Madden) before 9/19/2018. The cost for the pension expert will be equally shared 50%-50%.