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Colorado QDROs Must be Prepared by a Licensed Colorado Attorney

Summary: The law in Colorado is clear that a QDRO is a court pleading that can be prepared only by an attorney who is actively licensed as a Colorado lawyer. (Except that the spouses themselves can prepare their own QDRO.)

Colorado Law is Clear that Only a Lawyer Licensed in Colorado Can Prepare a QDRO

Unless the spouses in their own divorce case or legal separation prepare their own QDRO, a license to practice law in Colorado is required to prepare a QDRO.

A QDRO is a court pleading which also involves the provision of legal advice to the public. It determines legal rights between the parties.

Colorado law is clear that only a lawyer who is actively licensed as a lawyer in Colorado may prepare QDROs for use in Colorado courts.

I have attached a portion of Colorado law as well as a Florida opinion and a Washington opinion which states the same.

Thus, unlicensed individuals (such as those who claim to be paralegals or mediators) and attorneys with inactive licenses may not draft QDROs or provide any legal advice.

Any attempt to give any legal advice or prepare Colorado QDROs by a non-licensed person is called the Unauthorized Practice of Law.

  Updated July 24 2016  
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