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motion to file for clarification of language in divorce decree

1 Answers. Asked on Jan 01st, 2013 on Divorce - New York
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Can i personally file a motion to get a certified clarification of divorce decree language. i was awarded a portion of my ex military retirement, but dfas need a formula that obviously wasn't used in the divorce in the way that was needed. how do i obtain a QDRO to direct the plan to divide the retirement. i want to do this by myself, so how much will doing this cost me?
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Answered on Jan 02nd, 2013 at 10:24 AM

Doing a QDRO on your own is more than difficult - most divorce lawyers use an outside consultant/specialist to do the work - it really is that complicated.

As to the motion - you can try to draft and file it. But it isn't necessarily an easy thing to do. There is a small filing fee for the motion - but it's the supporting papers that are the tricky part.

In case it isn't obvious, please note that the posting above may be considered attorney advertising.

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Ending a marriage is more than just an emotional process--it's also a legal process. The court must approve your "dissolution of marriage" petition, and will also rule on issues related to the division of property, alimony (also known as spousal support or maintenance), child custody and child support. A divorce or family law attorney can help guide you through the divorce process, while also negotiating with your soon-to-be ex-spouse and his or her divorce lawyer. It's important to note that ethics laws prohibit the same law firm or attorney from representing both spouses in a divorce. Even if your divorce is an amicable one, it's critical to have your own legal representation to ensure that you're treated fairly at all stages of the divorce proceeding.
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