If you need a QDRO lawyer, that means you need someone to draft a qualified domestic relations order – it’s what’s used to divide 401ks and pensions pursuant to a divorce in Illinois. You might be glad your divorce is over, but now you have to deal with the pain of figuring out what to do about your QDRO. It can be hard to get a QDRO drafted afer a divorce is complete, because many divorce lawyers do not draft QDROs themselves, so if a judgment for dissolution (the “order” that says you’re divorced).
I wrote this article about how to get your QDRO.
Use a QDRO lawyer
You know what’s crazy about QDROs? For some reason, non-lawyers often draft them. Gee, that’s funny! I thought a person had to be licensed as an attorney to practice law!
For example, there’s some lady in Wisconsin that does a bunch of QDROs. She’s not even a lawyer, but many Illinois lawyers send their clients to her to get QDROs. Shame on them!
I have no idea why QDRO preparation people do not have to lawyers. That’s totally nuts. Basically, anyone who claims they can draft your QDRO can take a crack at it.
In my opinion, it’s silly not to use an Illinois QDRO lawyer in if you need a QDRO in Illinois. Using a lawyer need not be more expensive, and make have serious benefits.
QDRO are not simply mechanical documents.
If your judgement for dissolution says that you need to submit a QDRO, then it probably has a deadline attached. You should make every effort to meat that deadline. If you don’t you might be assessed penalties.
QDROs: basic process
If your case settles, the ideal process to use is normally bringing a completed QDRO to the “prove up” – where the divorce is finalized. That way you don’t have to worry about it after the divorce.
If your case goes to trial, the process might go something like this:
- Judge issues written judgment a week or more after the trial
- The judgment orders someone to get a QDRO drafted
- A QDRO lawyer is contacted
- The QDRO is completed
- The other party approves of the QDRO
- The QDRO is entered in court then sent the the plan administrator of the 401k or pension