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Ely
Ely, Counselor at Law
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SC divorce law - As part of my divorce I am required to file

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SC divorce law - As part of my divorce I am required to file a QDRO for my profit sharing plan only. My divorce attorney does not do this. My employer (a large national company) has sent me blank forms that are required to be filled out and sent to our legal department for review prior to filing it with the court. My question is, can I fill these out myself? Am I required to have an attorney to do this? How do I find one who does QDROs if I need one?
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

My question is, can I fill these out myself?

Yes. There is no mandate that a Qualified Domestic Relations Orders mist be filled out/signed by an attorney. Like any other matter in family court, it may be handled by an attorney or pro se (yourself) if one wishes it.

Am I required to have an attorney to do this?Am I required to have an attorney to do this?

See above - no.

How do I find one who does QDROs if I need one?

Please find a model sample for a QDRO in South Carolina here (direct link).

I hope this helps and clarifies. Good luck.

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Customer: replied 3 years ago.


Thank you. If it is do pro se, how do you go about filing it with the court?

R,

Thank you.

You got it!

If it is do pro se, how do you go about filing it with the court?

One would then contact the Court's clerk or coordinator (often one and the same person in smaller counties) and ask what the address is to mail in "family intake." One can also ask if the Judge likes to consider QDRO submissions with an oral hearing along with the submission, or just the submission itself. If the Judge will require an oral hearing, then the party will want to set the oral hearing date as well with the clerk/coordinator.

The party must then sent a copy of the proposed QDRO to the opposing party along with a notice for date/time of oral hearing (if any).

The opposing party may not reply, reply and challenge the QDRO, or reply, challenge, and send in their own version.

Then, the Court decides which proposed QDRO best fits the verbiage of the original decree. The Judge is free to pick and choose one, and/or alter/merge the two as they see fit to tailor it to the original decree as necessary.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.

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