Question:

I was divorced almost 20 years ago, and the marriage settlement agreement stated that a qualified domestic relations order should have been filed; however, my ex never drafted or filed one.

Now, I have begun receiving letters from a mediator about negotiating a QDRO.

Is there a statute of limitations concerning this issue? And do I need legal representation to handle it?

Answer:

It would certainly be in your best interests to obtain legal representation.

Qualified domestic relations orders can be quite complex, and you will need to ensure that a legal professional carefully reviews the marital settlement agreement that the parties entered into to ensure that you or your attorney at that time were not supposed to execute the QDRO.

In addition, the attorney will need to look into the statute of limitations issue that you raise, as well as negotiate the most favorable new terms of any QDRO entered into in the event that one is found to be necessary and appropriate under the circumstances.

An attorney will also help you to determine whether it is worth the cost and time of attempting to set aside that portion of the marriage settlement agreement.

Finally, they can help you figure out if it makes more sense to re-negotiate the provision related to the filing of the QDRO if it is still valid and enforceable despite your ex-wife’s failure to comply in a timely manner.

Remember, I am unable to provide you with anything more than general divorce tips, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Illinois divorce lawyer Christina Milien, contact Cordell & Cordell.