During their course of the marriage, a husband and wife may arrive at a point where arguments and disputes between them cannot be settled. The husband & wife may file a divorce either co-operatively or as a conflicted divorce where one spouse files a divorce petition towards other.
The court may give a divorce after considering all the facts and circumstances when the marriage is beyond restoration. However, the legal formalities to divorce do not end here!
Once the divorce decree is made finalized by the court, there are certain post-divorce things to be taken care of by both the husband and wife. A post-divorce action comprises of legal actions in support of the divorce granted by the court. Here’s a full guide to the eight most important things to do after the divorce:
- Divide all property/assets as set forth in the divorce decree.
- File for child custody
- File for maintenance
- Make sure that your name has been excluded from any debts or loans that are no longer your duty. If you change your’s name (such as by returning to your maiden name) as a result of the divorce, state all of your creditors of the change.
- Change your name on your bank a/c and checks, or open new accounts in your name only.
- Also, Change your address on your bank accounts and checks.
- Change the beneficiary on your life insurance policy, if permissible under the divorce decree.
- Change Your Name Officially
In most states you can request, as part of a divorce, to get a maiden name or prior married name restored (if you forgot to ask you have to file a separate court case). It’s always advisable to talk to your divorce attorney about name changes early-on, so you can make out when and how to smoothly get your name changed. After the divorce, you need to show certified copies of the divorce decree to Social Security, Passport agency, state drivers license department, banks and so on.
Prepare for a Restraining Order
Some divorces end with enmity, and if you need to protect yourself, it may be necessary for you to get a constraining order against your former spouse. However, most well-written arrangement agreements contain language to cover such events, so violations may be approached with contempt. Despite a big problem with such actions is that people fail to document cases with police reports, photos and receipts. Document hateful encounters, including dates & times. Report any situations to the police. Do not take them lightly or ignore. The good news is that if you get ready for it in advance, you will be better able to guard yourself and in a better position as well.
Request Enforcement of the Divorce Decree
You may figure out that you can’t get your ex-spouse to hand over property or cooperate with the order. Things become even more complex when you’re dealing with property in any other state. Fortunately, you don’t have to settle this alone, and other states will notice most divorce decrees. To request execution, you generally must file a contempt case, and since contempts are complicated, discuss the pros & cons with a lawyer before filing. Contempts are expensive and sometimes a lawyer also, “warning letter” can avoid a contempt case.
Place a Wage Withholding Order
If you are a custodial parent or have been given spousal help, you have a right to request the state to collect for you via payroll deduction. If you did not get such an order when the support issue was ordered, and it includes child support, your state child support agency can assist you. All states have an IV-D office that enforces child support laws. They won’t charge you for this type of service, but they don’t collect spousal support themselves. If you need any kind assistance to collect alimony, you may need a lawyer’s help.
Retitle All Necessary Property
If houses or vehicles have been transferred in the divorce decree, you may require to retitle them. If you have hired a lawyer, the lawyer can make deeds and other documents on your behalf. Note that some property with debts owed (like vehicles) may not be retitled in some states until the loan is paid off. Do not delay in transferring the land. Delays may allow creditors of the ex-spouse to make record liens towards what should be your property.
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