If you’re on the verge of divorce, you’re in for a bumpy ride. Not because anything horrible is going to happen, but because it’s a long and complicated process. There’s a lot to address and resolve on the financial front before the judge signs off on the dotted line and declares your divorce final.
When someone has gone through a divorce and come out the other side, they can feel like they’ve been through the wringer, both emotionally and financially. They breathe a sigh of relief and are ready to unwind, concentrate on their family, and go on to the next chapter of their lives. But, in reality, it’s rarely that straightforward.
There will almost always be some loose ends to tie up when a divorce is finalized. You can’t turn a blind eye or wash your hands of it, no matter how much you want to. The greatest approach to have a successful divorce is to go into it with your eyes wide open, and this applies even after the divorce has been finalized.
Following the Finalization of Your Divorce
After your divorce is finalized, there will undoubtedly be some items to consider. Here’s a mental checklist to get you started:
- Consider the beneficiaries on your bank accounts, retirement accounts, life insurance policies, and estate planning paperwork. If your ex’s name is still on these documents, you should update them immediately.
- If you have any credit card accounts with both spouses or domestic partners listed on them, we recommend cancelling them right away and getting a new one with just your name on it.
- Notify your employer as soon as your divorce is finalized so that your income tax withholding status can be altered. Make sure your ex’s name isn’t listed as a beneficiary on any of your work benefits.
- You’ll need to fill out a Department of Motor Vehicles Form REG 138, Notice of Transfer and Release of Liability, if the judgment states that only one spouse will own an automobile that you both used to own. You can use this form to change the title of your vehicle. Make a backup copy for your records, though.
- THIS IS ESSENTIAL: You may be entitled to “innocent spouse relief” if you filed joint tax returns with your former spouse or domestic partner and the state or the IRS thinks you’re accountable for taxes or penalties, but the divorce judgment states your spouse is responsible. Inquire about how this is dealt with at the state and federal levels.
Prepare to return to court.
We have one item we want you to be aware of right now. There’s a considerable chance you’ll have to go back to court in the future if your case concerns child custody, child support, or spousal support. Why? Because a divorce can generate a lot of changes in a person’s life.
It’s fairly typical for one or both spouses to return to court for a modification of a child custody, child support, or spousal support order obtained as part of a divorce. This is referred to as “post-judgment changes.” So, even if you think it’s all done, don’t be shocked if you end up having to go to court again in the future.
Following are some of the most typical reasons why someone could return to court after their divorce is finalized:
- A husband is ordered to pay spousal support to his ex-wife, who then remarries. In this situation, he returns to court to get the spousal support terminated.
- A boy has been living with his mother, but he dislikes her new husband. He’s 14 years old. To remedy the situation, his mother and father decide that he should live with his father. Child custody and child support orders will need to be amended in this case.
- A lady has been receiving spousal support for some time, but she has failed to find work and become self-sufficient, so her husband seeks the court to have the order terminated.
- A woman has been paying her ex-husband spousal support. She leaves her job and finds another that pays her 25% less, so she petitions the court to decrease her spousal support payments to her ex-husband.
- A mother has been the primary custodial parent for three children, but she struggles with drug dependence. The father requests custody of the children and requests that she begin paying child support to him rather than the other way around.
- A father gets arrested and convicted of a white-collar felony, and he is sentenced to federal prison. While incarcerated, he asks the family court to decrease his child support payments.
Is it Possible for Me to Make a Change Without Going to Court?
You don’t have to go to family court to change something about your children, such as child custody, child support, or visitation. With the help of an attorney from Spodek Law Group, you can enter into a new agreement with your former husband or domestic partner over any of these child-related matters if you get along well enough. We would, however, obtain a written agreement and file it with the court.