It’s the question on every divorcing couple's lips: how long is this thing gonna take? The average time from filing to completion in America is 12 months; if you go to court, expect to tack on another six. There are many different parts to completing a divorce, and it makes sense that those involved want to get it over and done with ASAP. However, problems like a lack of organization and interpersonal conflict can cause proceedings to drag out unnecessarily.
One piece of the puzzle that must be completed before the divorce is considered final is the division of assets. While some division is quite simple, like splitting cash or the proceeds from sales, dividing other financial assets is more complex. For retirement benefits, military benefits, 401(k), 457, 403(b), or IRA funds, couples must have a qualified domestic relations order (QDRO) in place to dictate how these benefits are shared.
Lack of Cooperation
The most common reason for a slow QDRO is a lack of cooperation between divorcing parties. It’s understandable – no one wants to sign over their money. However, reluctance on either side makes it impossible to gather the information needed to draft a QDRO document. Unfortunately, failing to cooperate will drag the whole process out and force attorneys to go to court. Ultimately, a judge will sign where a spouse refuses to, compelling the division of retirement assets.
Slow Courts
Another unavoidable delay might come from overcrowded, under-resourced court systems. Even under the best circumstances, paperwork must sit in a line and wait to be processed, recorded, and returned. Because these waits are unavoidable, it’s best to finish QDRO paperwork quickly and correctly to ensure that the time a file spends sitting with the county is minimized.
Approval Waiting Times
Before a QDRO is signed, it must be sent to whoever has provided the retirement plan for pre-approval. This is done to ensure that the QDRO complies with the internal requirements of the retirement provider. In some cases, this preapproval is legally required before a judge will sign the final QDRO. When you’re asking your attorney “how long does it take to draft a QDRO”, be sure to take this pre-approval time into account.
The entire process of a QDRO takes an average of two months. Depending on your circumstances, though, it can drag on for years. Contrary to popular belief, a divorce doesn't need to be finalized for a QDRO to be drawn up.
To expedite the proceess it is ideal for each divorcing spouse to have an attorney who contacts a QDRO specialist attorney individually. The attorneys representing the spouses will provide the QDRO specialist with the necessary personal and financial details. In such cases, a QDRO attorney should be able to draft a QDRO for submission relatively quickly. Highly skilled experts in QDRO can have a draft turned around in two weeks.
When attorneys follow the right processes, you will have a QDRO that is resolved efficiently and accurately.
There are so many factors that can knock a QDRO off course. Using a lawyer with many years of experience, impeccable attention to detail, and a thorough knowledge of QDRO processes is the best way to ensure that you have as painless an experience as possible. As a thought leader in the field, Anne N. Pastrana, PLLC, offers QDRO drafting turnaround in as little as two weeks. Don’t waste your time and resources with one-size-fits-all services; contact Anne N. Pastrana today for your first virtual consultation.
