Anahuac, TX Divorce Law Firms & Lawyers

In Texas, all property is considered community property if it was acquired during the marriage unless it was acquired by gift, devise (granted through a Will) or descent (inherited without a Will). Thus, if the property is purchased while the couple is still married, it will be considered commuinty property even if the couple is separated. However, either party can request that any property be awarded 100% to the party in a divorce proceeding. Also, couples who have been separated for a long time often come to an agreement on how property will be divided. If there is no agreement, the court has a duty to make a just and right division of all community property. When couples are separated for a long time, it is possible to make an argument as to why getting 100% of certain property is just and right. However, it is up to the court to make the ultimate decision on property division if the parties cannot come to an agreement.

Handling a QDRO without an attorney is a risky business, but I do understand your frustration. You may want to hire an attorney to complete the QDRO and the processing of it through the court and then the retirement plan. My initial question is why do you need his most recent statment?  You may use a percentage in the QDRO if that is what it states in your decree.  You do not need to state the current value of the account in most QDROs.  The company will know the value of the account as of the date of divorce, which is when most divorce decrees and QDROs include as the valuation date for dividing the QDRO. Assuming you have a form for the QDRO and have it completed, then you need to file a Motion with the court to enter a post-divorce order to divide the retirment.  You will need to have your ex-husband served with the Motion and proposed QDRO.  Altenatively, if he will cooperate, you may present him with a Waiver of Service for the Motion and have him sign that.   His lawyer will need to sign the QDRO before you present it to the court to sign.