Legal Question in Family Law in Washington

My husband and I are handling an uncontested divorce by ourselves. We can't afford to hire an attorney and we agree on everything anyway. We want to withdraw the money in my husband's 401k account so that I can use it to pay off my car and move into a new house. I have done a lot of research about obtaining a QDRO and the 401k plan administrator has sent us the proper wording. My question is: where exactly does this information need to appear in the divorce paperwork? Can we put it into a temporary order to get the money sooner? It is not financially feasible to separate without that money because I am basically unemployed at the current time. Also, if it is possible to obtain the order by filing a temporary order do we then need to include it in the final decree?


Asked on 8/03/09, 3:09 pm

1 Answer from Attorneys
James J. White, attorney Law Offices of Smith & White, PLLC

You and your husband should hire an attorney together to act as moderator between you to review and finalize the paperwork. Without a contest there will not be many billable hours, you'll only be paying one attorney instead of two, and you'll both be footing the bill. This is the best way you make sure you have all your paperwork in order. Contact me directly if you'd like directed to an attorney for assistance.

At your service,

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Answered on 8/11/09, 6:35 pm


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