Legal Question in Family Law in Texas

I obtained a divorce several years ago in Texas and was awarded 50% of my ex's military retirement. I just recently applied for my portion through DFAS and my application was rejected because they said my decree needed to be clarified. I tried to do it myself and filed a motion with the court asking the court to clarify the order and had him served with the motion. I have since learned that the appropriate document to file is called a petition for entry of a QDRO. I want to hire an attorney to take over but I was wondering if they will have to start over with a new suit and have him served again? I hope not because he is a couch hopper and has recently left town. It was a miracle that we found him to be served the first time.


Asked on 8/11/14, 8:05 pm

1 Answer from Attorneys
Fran Brochstein Attorney & Mediator

There are several private companies in Texas that prepare QDRO's. So "google" Texas QDRO and call one of the companies. If they cannot help you then you will have to hire an attorney to assist you. Unfortunately, this document should have been submitted to the judge at the time your decree was submitted. I receive your question frequently and it's a pity when the paperwork is not done properly when the divorce is granted. He will have to be served -- if you cannot locate him then service will be by publication - expensive and time consuming.

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Answered on 8/15/14, 8:09 am


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