Converse, TX Divorce Law Firms & Lawyers

First, determine who is the administrator of each of these plans. Then notify the administrator that you have been awarded an interest in these plans. This usually causes the administrator to freeze the funds and will buy you some time. Then (diplomatically) let your attorney know that you will hold him or her responsible if your ex-husband cleans out these funds before QDROs ("qualified domestic relations order") get submitted.

If you divorce before then, there will be no marriage to support an approval. If it is dangerous to wait, you may want to consider a separate petition under the Violence Against Women Act (VAWA).

The good news is that the marriage is not over until the judge signs a final decree of divorce. So you will make it to ten years.  There's a minimum waiting period after filing a divorce of sixty days after the filing date. Plus you are going to be entitled to your share of the property whether or not you have been married ten years.  If you are asking about military retirement benefits you are entitled to a share after even a short marriage. The ten years gets you the advantage of being paid your portion of husband's retirement directly from DFAS. The ten year mark is also relevant in eligibility for spousal maintenance after the divorce. I recommend you check with the district clerk in your county to see if a divorce has been filed. Yes he needs to have you served or ask you to sign a waiver, but people are sneaky sometimes.