Frequently Asked Questions
Do we both need to sign the QDRO?
Yes. Both parties must review and sign the QDRO before it’s submitted to the court for entry. Your signatures confirm that the division matches what you agreed to in your Marital Settlement Agreement (MSA).
When should the QDRO be prepared?
Ideally, the QDRO is prepared and entered at the same time as your Judgment for Dissolution of Marriage. However, it can also be submitted after the divorce is finalized if your MSA clearly states how the plan should be divided.
What’s the difference between an MOU and an MSA?
A Memorandum of Understanding (MOU) is the summary of agreements you and your spouse reached during mediation. It outlines your intentions but isn’t legally binding. A Marital Settlement Agreement (MSA) is the formal legal document, written in compliance with Illinois law, that the court reviews and incorporates into your Judgment for Dissolution of Marriage. The MSA is what makes your divorce terms enforceable.
Why can’t I just file my MOU with the court?
Illinois courts require a properly formatted MSA that meets the statutory requirements of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/502). An MOU on its own doesn’t have the necessary legal provisions, enforcement clauses, or court-ready formatting. Converting it ensures your agreement will be approved without delay or rejection.
Do both of us need to sign the new MSA?
Yes. Both parties must review and sign the MSA, and it must be notarized to confirm authenticity and voluntary execution. Once signed and filed with your Judgment, it becomes a binding court order.
How long does the MOU-to-MSA conversion take?
Most conversions can be completed within 3–5 business days after you upload your mediation documents and case details. I’ll ensure the final MSA and Judgment are ready for court filing without unnecessary revisions.
What happens after the MSA is approved?
Once both parties have signed and notarized the MSA and Judgment, the court will review and, if appropriate, enter the Judgment for Dissolution of Marriage. This finalizes your divorce, and the terms in your MSA become legally binding and enforceable.
Do you represent both of us?
No. I can only represent one party in preparing the legal documents. The other spouse may review and sign voluntarily, or they can seek independent legal advice before signing.