Q: What is the process of getting a qualified domestic order for a mutual agreed upon release of 401k funds?
May a motion be filed expeditiously if both parties are in agreement?
A: You need a consent motion to enter a qualifying order signed by both parties, and a proposed draft qualifying order (also typically signed by both parties, a family law magistrate and a judge). You will need a lawyer to draft the consent motion and qualifying order, and will need to contact the 401K plan administrator to obtain their preferred or required language they want in the order, or they will decline to honor it. Trying to draft these motions and follow through with the process of getting them filed and executed properly, then issued in certified or exemplified form (as required by the plan administrator) and served on the correct office of the Plan administrator, can be an exercise in frustration for a non-lawyer (and even for a lawyer oftentimes).
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