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S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2431
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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This is a family law question. I 't have money attorney. I

Customer Question

This is a family law question. I don't have money for an attorney. I want to know if my ex husband and I both decide to quit /cancel the Q DRO between us and nothing has happened on the Q DRO yet, can we write our own stipulation and will it be legal and valid if we get our signatures notarized? If we send it into the county court where we had the divorce papers filed is that good enough? No in consault attorney will tell me because they want to charge me to have them do it. But I cannot afford that. Please give me the truth.
Submitted: 1 year ago.
Category: Family Law
Expert:  S. Kincaid replied 1 year ago.

A pension can only be distributed subject to a QDRO, so if the agreement involves dividing the pension, it must be pursuant to a QDRO. You can change the terms of the QDRO if you want to do something different than what you were going to do. Do you have any other questions?

Customer: replied 1 year ago.
My ex and I both already have the Qdro. it was put through in 1997. But both of us do not want to have the QDRO enforced. We both want to cancel it. I do not want any of his retirement money and he does not want any of my retirement money. But we do not have money to pay 2,000 dollars to have an attorney do it for us. Can we write a letter stating that we both want to cancel our QDRO and do not want to have retirement money from each other. and then have it notarized and send it to the county court where are divorce was filed? Will that be legal and effective?
Expert:  S. Kincaid replied 1 year ago.

No, that would not be legal or effective. Have the QDRO's been sent to your pension providers yet? Have you tried to get them to distribute without the QDRO?