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Judge signed defaultmy judgement on10/02/17 for my divorce.

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Judge signed defaultmy judgement...

Judge signed defaultmy judgement on10/02/17 for my divorce. The divorce decree states qdro will be done by qdro services. I have a copy but my husband hasn't won't sign it. How do I get it filed? Do I only have a certain amount of time?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Texas

Lawyer's Assistant: Have you talked to a lawyer yet?

I currently don't have one.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

It's been a long drawn out process. My husband is a narcissist. Whom is extremely greedy and told me he would destroy me. He is most likely not going to sign. His lawyer twisted everything in the divorce decree to where I don't even get child support. I'm stuck in the lawyer good ole boys club.

Submitted: 4 months ago.Category: Family Law
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Answered in 41 minutes by:
10/18/2017
Family Lawyer: Lucy, Esq., Lawyer replied 4 months ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 31,281
Experience: Attorney with experience in family law.
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your dilemma.

You can call or email the lawyer to request a conference on the QDRO, to discuss why he hasn't signed yet. Be sure to let the lawyer know that you're planning to file a Motion to Compel if you can't get things resolved. Then, if they fail to reply, or can't give a satisfactory reason for not signing, file the Motion. Bring the QDRO to court. The judge can literally sit there and stare at him until he signs it. And if he doesn't sign by the time the judge wants to leave (or move on to other cases), then he can sit in the courthouse jail until he signs. That's the remedy for contempt of court. It's coercive. The idea is that, at some point, he'll get tired of sitting in jail and sign the order. But most cases don't get that far.

There isn't a deadline specifically on the QDRO, but you want to get the money out of his control and into your name so you don't have to worry about him withdrawing it (illegally), or making bad investment decisions that reduce your earnings on it.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

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Family Lawyer: Lucy, Esq., Lawyer replied 4 months ago

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Customer reply replied 4 months ago
Please tell me ...What date should the paperwork state on the Qdro to make it right. The day of mediation or the actual date the judge signed the default judgement divorce decree?
Family Lawyer: Lucy, Esq., Lawyer replied 4 months ago

The effective date should be the date the judge entered the decree.

The signature date will be the date you wind up signing it.

Please rate my answer positively to ensure I get credit for the time I spend helping. If you are on a mobile device, you may need to scroll to the right. Thank you.

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Customer reply replied 4 months ago
My ex stated that his lawyer told him that I had to send him a certified copy of the Qdro does this mean I send it to him by certified mail? Also if my husband and I signs the Qdro and I file it with the clerk ( I don't have a lawyer) and I go in front of the judge as uncontested matter cAn the judge sign it? To be binding without my ex husbands lawyers signature?
Family Lawyer: Lucy, Esq., Lawyer replied 4 months ago

A certified copy is when the company that houses records sends a copy with a written statement that it's a true and accurate copy, as held in the course of regular business. It's done for evidentiary purposes. That doesn't make any sense in the context of a QDRO that you're trying to get completed. Did he mean that he wanted it notarized?

The judge is more likely to order the other lawyer to sign it than to make it effective without his signature. But they can approve it if the other party doesn't show up for the hearing.

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Family Lawyer: Lucy, Esq., Lawyer replied 4 months ago

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Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 31,281
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Experience: Attorney with experience in family law.

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