Aransas Pass, TX Divorce Law Firms & Lawyers

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.  

It partly depends on what state is involved, but generally property you owned before marriage or acquired by inheritance is your separate property and, therefore, excluded from division in divorce. However, the value of any appreciation in value during the marriage may be considered marital property and, therefore, subject to rules applied to other marital property in your state. And, whether the property you inherited is still separate may depend on what you have done during the marriage; for example, if you deeded the property to add your husband as an owner, it probably is no longer considered separate property.

You can divorce him; it doesn't matter whether he's a citizen. But it takes at least 60 days in Texas unless there's a good reason for the judge to waive the 60-day waiting period, and his being absent or a non-citizen won't get you there. You'll also have to serve him with the divorce petition, personally if you can find him or by publication if you can't.