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Is an attorney required to fill out the QDRO form? Ohio. Not…

Customer Question
Is an attorney required...

Is an attorney required to fill out the QDRO form?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Ohio

Lawyer's Assistant: Has anything been filed or reported?

Not yet. I am currently filling out the dissolution forms and will take to it to the court hopefully by the end of this week.

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

Nothing else.

Submitted: 1 month ago.Category: Legal
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Answered in 22 minutes by:
3/13/2018
Lawyer: Sean K, Lawyer replied 1 month ago
Sean K
Sean K, Lawyer
Category: Legal
Satisfied Customers: 463
Experience: Attorney/Member in Private Law Firm
Verified

Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources. Please note that the system, independent from me, may offer a phone call. You are not obligated to engage in a phone call, but I am happy to speak if you desire. This is completely up to you.

I have reviewed your information and want to make sure I understand the question - is it whether you need an attorney to do a QDRO or if you can do it yourself?

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Customer reply replied 1 month ago
Can I do it myself, or is an attorney needed to generate the form?
Lawyer: Sean K, Lawyer replied 1 month ago

I thought that was the question.

There is no requirement that an attorney do a QDRO. You can certainly do it on your own. However, I always tell people to consider getting not an attorney, but a QDDO professional to prepare the order. Most likely this will be a lawyer, but their practices are almost all QDRO preparation. As a result of this, they are less expensive than just a random lawyer and since they do them so regularly, they often will have experience doing the QDRO from the financial institution where it is administered.

That being said, if you determine to attempt it on your own, make sure to contact the company that administers your qualified plan and ask them for a sample QDRO from which you can base the one you complete and then submit it to them for preapproval prior to submitting it to the Court. Following this, it will need to be submitted to the plan administrator for execution. If there are any problems at this stage, it will be returned to correct.

Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again.

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Sean K
Sean K
Sean K, Lawyer
Category: Legal
Satisfied Customers: 463
463 Satisfied Customers
Experience: Attorney/Member in Private Law Firm

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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