I Want a Family

When you imagine becoming a parent, do you picture little footsteps running through your home or colorful crayon drawings covering your refrigerator door? For countless families across the United States, adoption has made those dreams a reality.

Adoption is one of the most meaningful ways to build a family, but understanding where to begin can feel overwhelming. The process involves several important steps, and having the right support makes all the difference.

How the Adoption Process Works

Many families begin the adoption journey after facing infertility or simply feeling called to open their hearts to a child in need. The first step is deciding whether adoption is the right path for you and your family.
Next, you’ll want to create an adoption plan. This includes deciding whether you prefer an open adoption, where there is some level of contact with the birth parents, or a closed adoption handled entirely through an agency.

Once you have a plan, choose an experienced Family Law attorney to guide you through the process. Your attorney can help with the legal paperwork, ensure compliance with state laws, and protect your rights every step of the way.

From there, you will complete an adoption home study, which confirms that you can provide a safe and loving environment for a child. You’ll also create an adoptive parent profile that introduces you to potential birth parents and shares your story, values, and hopes for the future.

After a match is found, both families often have the opportunity to connect before the baby’s arrival. Once the child is born, there are certain requirements that must be met before the adoption becomes official. These include post-placement visits and a final court hearing where the judge finalizes the adoption.

Build Your Family with Custody Queens

Whether you are hoping to adopt a child or considering placing one for adoption, the process can be complex, emotional, and deeply rewarding. The experienced Family Law attorneys at Custody Queens are here to provide legal guidance, emotional support, and the knowledge you need to move forward with confidence.

At Custody Queens, we believe adoption is one of the greatest gifts you can give both to a child and to yourself.
Contact us today to schedule a consultation at one of our offices in Riverside, San Bernardino, or Orange Counties, and let us help you make your dream of family a reality.

Need support? Custody Queens is here to help.

Divorce is tough, but you don’t have to face it alone. If you’re going through a divorce in California, our team delivers compassionate, experienced legal guidance tailored to your needs.

Reach out today at 1-833-622-0001 for a confidential consultation and begin securing your future.

Divorce and Bankruptcy: How They Overlap

Financial problems are one of the most common reasons couples divorce. When two people separate, the emotional toll is often matched by financial strain. Between legal fees, court costs, and supporting two households instead of one, it’s no surprise that divorce and bankruptcy often happen around the same time.

While filing for bankruptcy may seem like a solution to relieve financial pressure, it is not always the best option. Still, if you choose to go that route, you are not alone. Bankruptcy filings have increased over the years, and many people face both legal processes at once.

If you are considering bankruptcy during or after a divorce, it is important to understand how the two can affect each other. The way your divorce settlement is written can determine how bankruptcy impacts your financial obligations, and vice versa.

How Bankruptcy and Divorce Intersect

There are several key terms to understand if you are facing both situations:

• Automatic Stay: Once bankruptcy is filed, the court issues an automatic stay, which stops most collection efforts against you.
• Discharge: Some debts can be discharged, meaning you are no longer legally required to pay them. However, not all debts qualify.
• Support Payments: Child support and spousal support are never dischargeable in bankruptcy. You are still required to make these payments, even after filing.
• Property Settlements: Whether property settlement debts can be discharged depends on your financial situation. The court may decide that if paying these debts would prevent you from supporting yourself or your dependents, some relief may be allowed.
• Debts: Debts that generally cannot be discharged include child or spousal support, certain property settlements, student loans, debts resulting from fraud or theft, and criminal restitution.

Should You File Bankruptcy Before or After Divorce?

If your spouse files for bankruptcy before the divorce is finalized, it may make sense to file jointly, especially if most debts are shared. However, once the divorce is final, joint bankruptcy is no longer an option. Each case is unique, and timing can significantly impact how debts and assets are divided.

Get Guidance from Custody Queens

The intersection of divorce and bankruptcy is complex. Every decision you make can have long-term financial consequences. Whether you are struggling with debt, dividing assets, or managing child and spousal support, the experienced Family Law attorneys at Custody Queens can help.

We take the time to understand your situation, discuss your goals, and create a legal strategy that protects your financial future. Our offices are conveniently located in Orange, Riverside, and San Bernardino Counties, and our team is here to guide you every step of the way.

Contact Custody Queens today for a confidential consultation and find out how we can help you move forward with confidence.

Need support? Custody Queens is here to help.

Divorce is tough, but you don’t have to face it alone. If you’re going through a divorce in California, our team delivers compassionate, experienced legal guidance tailored to your needs.

Reach out today at 1-833-622-0001 for a confidential consultation and begin securing your future.

Divorce and Special Needs Children

Divorce is never easy, and when children are involved, it becomes even more complex. When one or more of those children has special needs, the challenges increase significantly. Parents must address not only custody and parenting time, but also lifelong concerns such as medical care, education, therapy, and financial support.

Establishing a detailed child custody agreement with the help of an experienced Family Law attorney is especially important in these cases. A well-prepared plan ensures that your child’s emotional and physical needs are protected throughout the divorce process and beyond. Judges often rely on parents to make the best decisions because no one understands a child’s unique circumstances better than the parents themselves.

Working Together for Your Child’s Stability
It is essential for parents to work together to reduce conflict and prevent unnecessary stress on their child. Children with special needs often struggle with transitions and changes in routine, so a standard parenting schedule may not be the best fit. Overnight visits, for example, might cause confusion or anxiety. A thoughtful plan that accounts for your child’s needs will make the process much smoother.

Avoid involving your child in conflict or using them to express anger toward your ex. This type of tension can be especially harmful to children with special needs, who may not fully understand what is happening.

Communication and Cooperation
Disagreements about medical treatment or therapy are common in these situations. Parents should focus on cooperation and compromise when it comes to decisions about their child’s health, therapy, and schooling. Prioritizing what truly matters will make a significant difference for your child’s well-being.

Financial support also becomes a major consideration. The court may go beyond standard child support guidelines to cover costs related to physical, occupational, or speech therapy, special education programs, tutoring, and medication. In some cases, support may continue into adulthood to ensure the child’s needs are met long-term.

Helping Your Child Adjust
Children thrive on consistency and reassurance. Simple steps can help make transitions easier, such as using a calendar to mark visitation days, encouraging regular communication with the other parent, and including both parents in celebrations and milestones.

We Can Help

At Custody Queens, we understand the unique challenges that come with raising a special needs child after divorce. Our experienced Family Law attorneys will work closely with you to create a custody and support plan that fits your family’s needs.

With offices in Riverside, San Bernardino, and Orange Counties, we provide compassionate, knowledgeable legal guidance to help families navigate difficult transitions with confidence and care.

Contact Custody Queens today to schedule a consultation and let us help you build a plan that works for everyone in your family.

Need support? Custody Queens is here to help.

Divorce is tough, but you don’t have to face it alone. If you’re going through a divorce in California, our team delivers compassionate, experienced legal guidance tailored to your needs.

Reach out today at 1-833-622-0001 for a confidential consultation and begin securing your future.

What’s Keeping You From Moving On?

Once the divorce is finalized, most people just want to move on. After months or even years of emotional stress, paperwork, and uncertainty, it feels natural to want a fresh start. But sometimes, even after time has passed, you may find yourself stuck in a post divorce or separation rut. Life feels stalled, and it’s hard to pinpoint why.
Author Lisa Ardens suggests that when people struggle to move forward, it is often because one or more of the following areas have not been addressed.

Forgiveness:
Many people react with frustration when forgiveness is mentioned. “How could I possibly forgive him or her?” is a common response. But forgiveness is not about excusing what happened or letting someone off the hook. Holding onto resentment does not punish your ex. It only keeps you emotionally tied to the past. Forgiveness is something you do for yourself so you can heal and move forward.

Grasping:
When a major life change occurs, it is common to cling to whatever remains. After the divorce is final, pain may feel like the only connection left to the life you once had. Holding onto that pain can feel safer than letting it go, because releasing it may feel like erasing the memory of your family or relationship. Letting go does not mean forgetting. It simply means accepting that it is time to move forward.

Associations:
Music, photos, places, clothing, or even a car can instantly transport you back to a previous chapter of your life. These triggers are powerful, but they do not have to control you. With time and intention, you can retrain your mind to see these things for what they are now, not what they represented in the past. This process takes patience, but it is possible.

Isolation:
Isolation is especially common among introverts, and it can feel like the safest option after emotional upheaval. Taking short breaks to regroup is healthy, but long term isolation is not. Human connection is essential. Friends and family may be willing to listen, support you, or simply spend time helping you feel normal again. Allowing others in is an important step toward healing.

Self-care:
This is often the biggest challenge, particularly for single parents who now carry more responsibility. It is easy to put your own needs last, but doing so only leads to burnout. You can only truly care for others when you are also caring for yourself. Making time for rest, support, and personal well being is not selfish. It is necessary.
Moving on after divorce is not a straight line. It is a process that takes awareness, patience, and compassion for yourself. Identifying what may be holding you back is often the first step toward real healing and forward momentum.

We Can Help

At Custody Queens, we understand the unique challenges that come with raising a special needs child after divorce. Our experienced Family Law attorneys will work closely with you to create a custody and support plan that fits your family’s needs.

With offices in Riverside, San Bernardino, and Orange Counties, we provide compassionate, knowledgeable legal guidance to help families navigate difficult transitions with confidence and care.

Contact Custody Queens today to schedule a consultation and let us help you build a plan that works for everyone in your family.

Need support? Custody Queens is here to help.

Divorce is tough, but you don’t have to face it alone. If you’re going through a divorce in California, our team delivers compassionate, experienced legal guidance tailored to your needs.

Reach out today at 1-833-622-0001 for a confidential consultation and begin securing your future.

What Is a Writ and How Does It Relate to Appeals?

In early English law, a writ was a formal command issued by the King. It was written in letter form, sealed with the Great Seal, and often drafted in Latin. Without a writ, a case could not be heard in the Royal Court. These documents were essential tools of authority and access to justice.

Today, a writ is defined as a written command issued in the name of a court or other legal authority that orders someone to act, or refrain from acting, in a specific way. In modern practice, writs are most often directives from a higher court that instruct a lower court to take a particular action that aligns with the law.

For example, if a lower court attempts to hear a case that falls outside of its legal jurisdiction, one of the attorneys involved may ask a higher court to issue a writ of mandamus, also known as a writ of mandate. This writ orders the lower court to transfer the case to the proper jurisdiction.

The Difference Between Writs and Appeals
Appeals and writs serve very different purposes. An appeal can only be filed after a lower court has issued a final decision and judgment. In other words, the case must be completed before it can be reviewed by a higher court.
Writs do not require a final decision. They are used during an ongoing case or hearing when immediate intervention is necessary. Because of this, writs can interrupt court proceedings and often cause delays for one or more parties involved.

Higher courts do not issue writs frequently. They are reserved for extraordinary circumstances, such as when there is no other legal remedy available or when a party’s rights may be seriously harmed if the lower court’s actions continue unchecked.

In general, writs are designed to force a lower court to correct an error, stop an improper action, or take a step it is legally required to take but has failed to do. Since appeals are rarely reversed, experienced attorneys stay alert for situations where a writ may be appropriate in exceptional cases.

Custody Queens is a law firm with experienced attorneys who can assist with both appeals and writs when necessary. A consultation can help you understand your options and determine the best course of action for your case.

We Can Help

At Custody Queens, we understand the unique challenges that come with raising a special needs child after divorce. Our experienced Family Law attorneys will work closely with you to create a custody and support plan that fits your family’s needs.

With offices in Riverside, San Bernardino, and Orange Counties, we provide compassionate, knowledgeable legal guidance to help families navigate difficult transitions with confidence and care.

Contact Custody Queens today to schedule a consultation and let us help you build a plan that works for everyone in your family.

Need support? Custody Queens is here to help.

Divorce is tough, but you don’t have to face it alone. If you’re going through a divorce in California, our team delivers compassionate, experienced legal guidance tailored to your needs.

Reach out today at 1-833-622-0001 for a confidential consultation and begin securing your future.

Visitation Rights My Child Does Not Want to See Me

Being granted visitation rights is supposed to bring relief and joy. Time with your child is meant to be something you both look forward to. But what happens when your child does not want to visit with you? This can be painful and confusing, especially when you are trying to do everything right. While it is not appropriate to force a child into visits, there are constructive steps you can take.

There are many reasons a child may resist visitation. Your child may feel disconnected from your interests or routines. Younger children may experience anxiety about being away from their primary caregiver. In some cases, the change itself feels overwhelming, even if the relationship is loving.

There are ways to gently address this situation.
Start by talking to your child and trying to understand why they feel hesitant. Listen without becoming defensive or dismissive. Reassure your child that you love them and that your time together is important to you. Explain what visits will look like so there are no surprises. Sometimes allowing a short break from visits can help reduce anxiety and make the next visit feel less stressful.

If your child struggles with leaving their primary home, it may help to have a calm and respectful conversation with your co parent. The issue may be something simple, such as needing more one on one attention during visits or creating a more child friendly environment in your home.

If you are concerned about visitation challenges or feel unsure about your next steps, it may be helpful to speak with a family law professional. Custody Queens can help you understand your options and guide you toward solutions that prioritize your child’s emotional well being while protecting your parental rights.

We Can Help

At Custody Queens, we understand the unique challenges that come with raising a special needs child after divorce. Our experienced Family Law attorneys will work closely with you to create a custody and support plan that fits your family’s needs.

With offices in Riverside, San Bernardino, and Orange Counties, we provide compassionate, knowledgeable legal guidance to help families navigate difficult transitions with confidence and care.

Contact Custody Queens today to schedule a consultation and let us help you build a plan that works for everyone in your family.

Need support? Custody Queens is here to help.

Divorce is tough, but you don’t have to face it alone. If you’re going through a divorce in California, our team delivers compassionate, experienced legal guidance tailored to your needs.

Reach out today at 1-833-622-0001 for a confidential consultation and begin securing your future.

Unlike some jurisdictions, California does not impose a longer waiting period for divorce when children are involved. Yet it still seems to many people that the divorce process takes longer when a divorcing couple has children.

At Custody Queens, we know there are several reasons that divorce can take longer with children. We appreciate the struggles that parents go through to protect their children's best interests during and after the divorce process. While we know that each case comes with unique challenges and it is impossible to precisely predict how long it will take to finalize a divorce with children in California, here are some factors that affect the process.

A Divorce with Children Adds Numerous Issues That Require Resolution

Whether the terms of a divorce are established through attorney negotiation, mediation, or litigation, the process always involves developing terms for each issue. This includes how assets and debts are classified, how marital property will be divided, whether one spouse will pay alimony, and how tax consequences will be handled, and numerous other issues.

When a marriage involves children, then many additional issues will also need to be addressed and resolved, including plans for custody and child support. Not only will there be more issues requiring resolution, but they are issues that are complex and often hotly contested.

Everyone Wants to Get the Issues Right

When couples with children divorce, the outcome affects more than just the two people named in the court docket. A divorce with children impacts the lives of the children and the extended family such as grandparents. The impacts of the process and outcome will affect the children emotionally and mentally, as well as physically and financially. The stakes become extremely high, and everyone recognizes that.

For that reason, everyone involved, from parents to attorneys to court clerks wants to take extra care to make sure they get everything right. Giving extra consideration to every decision will naturally extend the process. If doubling checking figures and confirming the availability of alternatives adds to the length of each stage, then the end result is going to be a longer proceeding.

Issues Involving Children Have Both Emotional and Financial Impact

Another reason a divorce with children can take longer is that the additional issues are those with tremendous emotional and financial impact. Couples who take a reasoned, pragmatic approach to other aspects of their divorce sometimes suddenly refuse to apply logic when it comes to custody issues because they are so terrified of missing out on their children's lives. When people react emotionally rather than addressing conflict logically, negotiations stall and issues stay unresolved.

Parenting plans affect financial standing as well as emotional wellbeing, so they can trigger a reaction that is even more visceral and hard to overcome.

The Best Interests Standard is Not Cut and Dried

Issues involving children in a California divorce are supposed to be made based on the best interests of the child. Determining what outcomes are in a child's best interests is not a simple and straightforward determination. Courts are required to consider a wide range of factors, and parents may bring up additional issues as well. It takes considerable time to produce evidence regarding each factor, and then each one must be presented and reviewed by the court. Even if an issue is being negotiated out of court, parents generally should consider the full range of issues to discern what would be in the child's best interests.

So How Long Does Divorce Take?

At the absolute minimum, if both spouses agree on absolutely every facet of every issue and they get their agreement written up accurately and legally, a divorce could theoretically be finalized within six months and one day. This never happens.

The average time for a divorce in California generally is generally 15 months. This includes simple divorces with short marriages and no complicating factors. Given the issues that complicate divorce when children are involved, the process can be much longer, depending largely on how long it takes for parents to reach agreement on custody and parenting plans. You can do your part to speed the process by providing information promptly when requested by your attorney, by being willing to compromise, and by working with an attorney who is dedicated to your interests rather than one who really enjoys the drama of divorce trials.

Custody Queens: Protecting Your Interests

The divorce process sometimes has as much of an impact on children as the outcome, so it is important to consider the children's interests all throughout proceedings. The team at Custody Queens knows how to effectively advance your interests while safeguarding your children. We invite you to schedule a confidential consultation to learn how we can help you protect your children in divorce.

California community property laws are one of the factors divorcing couples are often most worried about. The laws give both spouses a joint and equal ownership right in all marital property. So if you owned a classic car before you got married, does your spouse now get half of it? What about a house or a business?

The answers are not always clear cut. Working with a dedicated attorney is one way to ensure that your property interests are protected to the fullest extent, but here are some factors to consider.

Community Property = Marital Property

While California community property laws require spouses to split community property in divorce, it is important to realize that not everything is treated as community property under the law. Community property is marital property. But some property is probably separate, and that property does not get divided in divorce. The spouse who owns separate property gets to keep it.

Just to make the situation additionally confusing, some property can be a hybrid mix of separate and community property. That means some of the value of the asset would be split and some would be kept by the spouse holding it as separate property.

Finally, to complete the confusion, we need to point out that property can start out as separate and become community property, or a hybrid. This can either occur through an express agreement such as a transmutation agreement, or through the actions of the spouses over time.

What is Separate Property?

Assets you owned before you got married are separate property—at least at the start of your marriage. The means if you owned a business before the marriage, that business was your separate property. The same holds true for the classic car, house, and wages and retirement income you accrued before you got married. It was your separate property.

Assets you individually receive as an inheritance or gift (from someone other than your spouse) are also your separate property even if you receive them while you are married.

However, if you don't take the right steps to keep separate property distinct, it can be commingled with marital property and lose its separate character.

What is Marital Property?

Marital property is the default arrangement for property among married couples. Everything acquired during the course of the marriage is presumed to be marital property, regardless of whether only one spouse bought it, a single spouse earned it, or one spouse put only their name on the title. The only exception to this rule is for gifts and inheritances, and they can become hybrid or full marital property if the separate property is not kept separate.

How To Protect Separate Property

The best way to safeguard separate property, including property you owned before you got married, is to take steps early on. Preparing a prenuptial agreement specifying that your specific property will remain yours, and including a description of that separate property, can ensure that it will continue to belong to you in case of divorce or pass to your heirs at your death.

If it's too late for a prenuptial agreement, it is possible to execute a postnuptial agreement, but if you're headed for divorce, it's too late for that as well.

Keeping separate property distinct and not using marital funds for upkeep is a good way to protect its separate character. Most people wait until it is too late to take the best steps to protect their separate property. However, in preparation for divorce we can often work with forensic accountants to trace funds and thus preserve some of the separate value of property owned before marriage.

Custody Queens: Protecting Your Interests

The team at Custody Queens has over 300 years of experience helping clients protect their assets during the California divorce process. We understand complex assets and know how to work with forensic accountants to trace property history. The sooner you begin working with our team, the more opportunities we have to secure your rights in your separate property. Contact us today to schedule a confidential consultation.

Divorce ends a marriage no matter where you go, but legal separation is a concept that is different in every state. So what does it mean in California? Is a legal separation a step on the way to divorce? Is it a separate status? Is it easier to get a legal separation than to get a divorce in California?

Since family law attorneys handle legal separations as well as divorce, the team at Custody Queens gets a lot of questions about legal separation in California. We can explain the benefits and drawbacks in your particular situation, but here is some helpful background information to consider.

In California, Legal Separation is a Status

Some jurisdictions treat separation as a requirement for divorce while others don't recognize a concept of "legal separation" at all. California is different. In our state, legal separation serves an actual legal status like, married or divorced.

Because it is a legal status, to become legally separated, you need to go through most of the same formalities as you would for a divorce. Couples who go through the legal separation process have their lives separated with respect to financial matters. One partner may obtain alimony. And if there are children, the court can issue orders assigning custody and visitation time, as well as child support obligations.

The Marriage Remains

When a couple is legally separated, they are still married even though they live apart and have disentangled many aspects of their lives. This means that neither spouse may remarry unless they obtain a divorce.

Some couples choose legal separation for personal or religious beliefs. Others choose to file for legal separation because they can live apart while continuing to enjoy tax benefits and a spouse can still benefit from the other spouse's insurance coverage. Couples who are legally separated are considered married for Social Security purposes, so some couples might elect to file for legal separation until they have been married for ten years, which would make one spouse eligible for derivative benefits based on the other spouse's work history. However, time spent in legal separation will not generally count toward the "ten-year rule" for assessing alimony obligations in California because the law allows for the subtraction of time a couple lived apart.

Legal Separation Can Be a Stepping Stone Toward Divorce—But Doesn't Have to Be

For various reasons, many couples choose to use legal separation as a stage on their way to a divorce, although this is not required in California like it is in some states. One reason couples file for legal separation is that they do not yet qualify for a divorce. To get a divorce in California, at least one member of the couple must have lived in the state for the past six months or more, and they must have been a resident of the county where they are filing for at least three months. There is no equivalent length of residency requirement for a legal separation and no waiting period. One spouse must live in California to file for legal separation, but there's no minimum time requirement.

Before a legal separation is finalized, it can be changed to a divorce. For instance, the petition can be changed to divorce once the residency requirement is satisfied or if one spouse changes their mind.

You Still Need an Attorney

Even though a couple is legally still married when they obtain a legal separation, they establish legally binding arrangements that affect their lives going forward just as they would in a divorce. That means you need advice and representation from an experienced attorney to protect your interests when you are seeking a legal separation. It is important to understand your rights with respect to:

• Which property is classified as community and which property is separate
• A plan for the fair and reasonable division of community property and debts
• Whether one spouse will pay domestic partner support (alimony), how much payments will be, and how long they will last
• Whether one spouse will cover insurance or other expenses
• How tax credits may be allocated
• Parenting plans for custody and visitation
• Child support obligations

Once you resolve these issues through a legal separation, your finances will be protected going forward. If you later decide to divorce, it will not be necessary to revisit all of these issues, so the process will be much less difficult than starting a divorce from scratch.

Custody Queens: Protecting Your Interests

If you are considering legal separation, divorce, or both, our team would be happy to explain the ramifications in your particular situation. With our expertise in family law, we understand the most effective ways to protect your interests. To get started, contact us today to schedule a consultation.

Because of California's community property laws, your retirement plan is also your spouse's retirement plan. If your spouse has a plan of their own, part of it belongs to you. Everything you earned during your marriage, including employer contributions to your plans and interest earnings over time, is considered community marital property. Both spouses own an equal share.

Amounts you accrued before you got married may be considered your separate property, but unless you had a pre-or postnuptial agreement specifying that retirement benefits would remain as one spouse's separate property, then you share your interests in both spouse's plans. Chances are the amounts in the plans are not exactly equal, so one spouse will be receiving funds out of the other's retirement plan. This can be complicated and requires special handling.

If your divorce attorney is experienced in handling complex and significant assets, they should understand the specific needs and be able to guide you through the process. At Custody Queens, our Certified Family Law Specialists and associates protect our clients' interests in retirement plans regularly. But if your attorney is not comfortable with the process or you're looking for background information, here are the basics.

What Makes Retirement Plans So Complicated

Unlike dividing up funds in a checking account, the process of dividing benefits in a retirement plan involves a lot more issues. You need to understand not just the value on the books today, but also the potential future value and tax consequences. In addition, the companies that manage retirement plans require your legal team to jump through some extra hoops before they will release funds to someone other than the employee who earned the benefits.

The types of retirement plan benefits can vary widely. Sometimes benefits may be accrued but not fully vested, which means the employee might only have the right to a percentage of those benefits if they were to leave today employment, but at some point in the future, they will have full right to those accrued benefits.

When a retirement plan is considered "qualified," that adds another layer of complexity. The federal Employee Retirement Income Security Act (ERISA) allows certain plans to be funded with pre-tax dollars and these must be managed carefully in divorce to avoid triggering an immediate bill for the deferred taxes. Plans such as 401(k) plans, profit-sharing plans, 403(b) plans, and Keogh plans are considered qualified plans. You generally need a special type of court order to divide qualified retirement plans in divorce.

Obtaining a Qualified Domestic Relations Order (QDRO) A domestic relations order from the court is usually required before the administrators of a retirement plan will hand over funds to a spouse in divorce. When you are dealing with assets in a qualified retirement plan, you also need a Qualified Domestic Relations Order or QDRO. This is a specialized document that must contain certain features to meet government requirements. Once the QDRO is prepared to incorporate the legal terms and explanations of the assets involved, then the order is presented to the court. If the judge approves, it will be signed and the spouse obtaining the distribution will present the QDRO to the retirement plan administrator. Then the plan itself needs to approve the QDRO. The bottom line is that it takes considerable time and effort to obtain funds from a qualified retirement plan. If the terms of division in the divorce decree do not align with options offered by plan administrators, then it may be necessary to redraft the order, which will further delay payment and add to the expense.

In some cases, the plan administrator actually needs to be added as a party to the divorce through joinder before a QDRO can be established, which adds still further delays. Finally, when all is complete and funds have finally been released, the spouse receiving funds from a qualified retirement plan may need to be prepared to take quick steps to reinvest the funds appropriately to avoid a tax bill.

Custody Queens: Protecting Your Interests

Retirement assets are one of if not the most significant source of assets for many couples facing divorce. You don't want to risk losing out on any value that should rightfully be yours, and you don't want to waste resources on administrative mistakes. The skilled team at Custody Queens understands how to handle and divide retirement assets of all types, including qualified retirement plans. Schedule a consultation with our team today to learn about the protection we can provide in your particular situation.