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Divorce Source Community Forums >> Military Divorce

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dirkmanchest
recently joined

Reged: 11/16/08
Posts: 19

Re: spouse jailed

[Re: Redlegg]
#629609 - 02/03/10 06:50 PM

My spouse remains incarcerated but after several psych evals has been found competent to stand trial.
I have had a QDRO drawn up for my TSP.
I have had a QCO/QDRO drawn up but since I have been in several branches of the military the lawyer routed the QCO through DFAS. If the decree once signed by the judge goes to the wrong place, does that make the entire QDRO/QCO invalid? I want to get it right the first time so she gets her fair share. No progress has been allowed on the dissolution until she was restored to competency. The default hearing has been set for June 2010. She was arrested in June 2008, found not competent to participate in her defense. She has been restored to competency.

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Maury
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Reged: 06/02/04
Posts: 8146
Loc: This Asylum --->

Re: spouse jailed

[Re: dirkmanchest]
#629723 - 02/03/10 10:12 PM

I am not sure I understand. If the QDRO is properly drafted indicating the proper accounts, and proper disposition based on the plan rules, sending it to the wrong place means little. You can always acquire a new certified copy from the court and send it to the correct location.

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dirkmanchest
recently joined

Reged: 11/16/08
Posts: 19

Re: spouse jailed

[Re: Maury]
#643233 - 03/21/10 10:05 AM

I filed for the divorce in June 2008
She jailed , sentenced, and found competent.
I have paid for the QDRO, QCO, and Ad Litum.
Is there some reason that I can be forced to stay married to her? At my June 2010 court date, can the judge order me to stay married?

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