QDRO Preparation Directly for the Client

There are occasions in which a party requests that I prepare a QDRO directly for him or her without the involvement of another attorney.  This usually occurs when the divorce has already been finalized without a QDRO being entered for whatever reason and the party does not want to return to the divorce lawyer for entry of the QDRO.  Also, more and more parties are doing their own divorces and quickly realize that drafting a QDRO is beyond their ability.

When I prepare a QDRO for an attorney, the hiring attorney is responsible for dealing with the client, answering basic questions of the client, gathering the required information and documents and obtaining the approval of the opposing party and/or entry of the QDRO with the Court.  Therefore, when I prepare a QDRO directly for a party, I must do these additional tasks and must charge a higher fee.

A QDRO is a Court order and as such, may only be entered by the original divorce Court upon certain conditions.  First, the Court may sign the order without the filing of a Petition or Motion, and without a hearing, if the QDRO is approved by all parties.  (Even when so approved, a few Courts still require the filing of a Petition or Motion).  Second, if approval by the other side can't be obtained or there is a disagreement in the terms of the QDRO, a Petition to Enter QDRO must be filed, served upon the opposing party and a hearing scheduled with the Court.  I have seen occasions when a Judge signed a QDRO without following these rules, but that is quite rare and undoubtedly violates the Due Process Clause of the Texas and U.S. Constitutions.  Obviously, if a Petition must be filed, service obtained and a hearing attended, the attorney fees will increase.

I practice in Tarrant County only and, except in unusual circumstances, will not appear in Courts in other counties.  Therefore, if a divorce occurred outside of Tarrant County, I will prepare the QDRO directly for a party only if it is agreed by all parties and approved by all parties.  In that event, I can mail the QDRO to the Court for signature and not have to make a personal appearance.  My usual fee for preparation of a QDRO under these circumstances is $500 plus the Court's filing fee, if any.  I may be able to offer a discount for multiple QDROs in a case, for instance, I may be able to prepare two QDROs in a case for a total of $750 plus filing fees.

In the event that I have prepared a QDRO for a client directly and the party can't obtain the approval of the opposing party, the client must hire an attorney to prepare the Petition, obtain service and attend the hearing in any county other than Tarrant.  The QDRO I prepared may be used since it has already been paid for, and I will contact the hired attorney to work that out.  For Tarrant County cases, I will continue to represent the client on a contested case at an hourly rate of $300.  The amount originally paid for the agreed QDRO will be applied.  The overall cost of such a contested case depends upon the total hours expended.

Please click on the following button to print out my QDRO Fact Sheet.  It will detail the information and documents I will need to prepare the QDRO.  If you have any additional questions, please give my office a call.