Family Law Questions? Ask a Family Lawyer Online.
Thanks for your question and good afternoon.
You have the sequencing down here.You would want to make your own notes about what you want here in terms of financial division.If there is retirement involved here say a 401k or a retirement plan that you are dividing a QDRO will be necessary.I Qualified Domestic Relations Order is an order prepared by a lawyer that specifically sets out what the institution or plan is to pay to each or the parties.
You did not raise this in your earlier questions so it may not be an issue.you also indicated after divorce you may need to file bankruptcy.Certainly this is an option and it supercedes any division of assets.Any debt awarded to you may be discharged in bankruptcy and any joint ones here then come back to the ex.It would be a good means here after divorce of wiping your slate clean and allowing you to start your life over.
Thank you for the info. Can I file a QDRO since I am a pro se respresentative? If so is there a template form I can use to do so? Settlement conference is essentially to wrap up dissolution details?
If you have a follow-up question, please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.
Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.
You may have more questions here it is not a problem please just ask.
It is still my intention to file banruptcy as my husband has incurred 30k in credit card debt and 25k in medical debt and the judge has awarded on the TO a 50/50 split on these.
The hold-up on the Bankruptcy is to file after the divorce as it is my understanding it will delay the divorce preceedings. Also we have been back and forth on trying to sell the marital home and my husband has been dragging his feet.
Can I file a QDRO since I am a pro se respresentative? If so is there a template form I can use to do so? Settlement conference is essentially to wrap up dissolution details?
I think completing the divorce ehre is a good idea and then perhaps Chapter 7 for you.Chapter 7 takes roughly a year to file and complete discharge.If there is a QDRO either other lawyer will have to draft it or you will have to hire it done.It is a specialized thing--lawyers farm these out themselves.It should not cost more than say $500 its fixed fee.Or the other lawyer may agree to draft it.
Or you can take a crack at it yourself.Here is a sample one for you.
I would like to take a crack at it. Thank you for your assistance! You have been very helpful!
Your welcome.I wish you the best.
Is there a statute I should review prior to proposing and filing the order?