Tag Archives: determination of marital property
Can my QDRO get denied?
You’ve retained a lawyer to draft a QDRO; you’ve signed; your former spouse has signed; the Court has signed; a certified copy has been served on the Plan and you’re eagerly waiting for confirmation that the money you’re owed has been transferred to your name. And then you get that dreaded letter: DENIED. Denied?!… Read More »
Should I Litigate My Divorce or Try to Settle?
In Maryland, you can get divorced in one of two ways – an uncontested divorce or a contested divorce. An uncontested divorce involves getting an agreement between you and your spouse and submitting the settlement agreement to the court, which will then incorporate your agreement into your Judgment of Divorce. While you are still… Read More »
Top Ten Tips for Filling out your Long Form Financial Statement
If you are involved in a divorce case in which alimony (and possibly child support) is being sought, you may be required to fill out something called a Long Form Financial Statement. While the required form is set forth in Maryland Family Law Subsection 9-203, there is no guidance provided as to how best… Read More »
How long does it take for a QDRO to be completed?
Divorcing couples are often faced with having a QDRO drafted. One of the first questions they ask is “How long will this take?” For many, it seems that a QDRO should be similar to a transaction at a bank, like moving money from one account to another account. It would seem that it would… Read More »
Top 5 Methods (with Agreement Language) to Divide Your Furniture and Furnishings When Separating/Divorcing
It is always the best practice to be more specific as opposed to less specific when drafting the terms and provisions of a Separation Agreement or Marital Settlement Agreement. While it may seem like “overkill” at the time, it is always advisable to have clear and carefully drafted language to fall back on in… Read More »
QDROs: Shared vs. Separate?
One question you may hear when preparing to divide a retirement plan is “shared or separate interest?” What does that mean? It’s an important decision and one worth understanding. To begin with, here’s an example: Suppose Ms. Smith is a long-time employee of the Jones Company and is a fully vested participant in the… Read More »
Do’s and Don’ts When Appearing in Court
Fortunately, most family law matters are resolved prior to having a judge decide the issues at a merits hearing. However, many times a resolution occurs after there have been motions hearing, temporary hearings, or other court appearances, and, of course, some matters proceed all the way to trial. If you find yourself in a… Read More »
Financial Statements in Divorce/Custody Cases: The Long Form vs. The Short Form and How to Complete the Forms Correctly
In divorce and custody cases, there are two types of financial statements. The first is the Short Form Financial Statement (Short Form Available Here) and the second is the Long Form Financial Statement (Long Form Available Here). If you are filing for custody or divorce, it is likely you will need one form or… Read More »
What does “half” mean when it comes to QDROs?
There’s a famous intelligence test that is sometimes used in job interviews. You hand the candidate a piece of paper and ask them to divide it in half. Some candidates will grab the paper and rip into two parts. Other candidates will fold the paper carefully and attempt to get close to a clean… Read More »
When should I get my QDRO prepared?
When should I get my QDRO prepared? “Do I need to get my QDRO done immediately after my divorce?” This is a question we hear all the time. Sometimes we hear “Can I wait?” After a divorce, you’re probably not excited about putting in the time, money, and effort it takes to prepare a… Read More »
