18 Jul Some Issues to Consider for Life After Divorce
Going through a divorce can be debilitating for everyone involved. Your finances undergo a complete overhaul, your assets are divided, and your family’s home life endures many tests and changes (especially if you have children). Life after divorce for men and women is complicated, and there are many issues to consider.
Is the divorce judgment final? Can it be appealed?
Divorce judgments that are the product of a settlement agreement cannot be appealed. But, if your divorce judgment was ruled in court upon findings (not settled) then you can appeal the judgment pending you meet time specified time restrictions (30-days after judgment is made). This is an expensive and time-consuming matter, so it should be heavily considered.
What about just modifying the judgment?
For only altering the order of child support, parenting plan, or amount of spousal maintenance paid, you can file a modification request. This is a better alternative than appealing the decision because it is often cheaper, faster, and generally simpler than the appeal.
Where do I begin with separating finances?
For certain instances, you may need to file additional paperwork to coincide with the divorce judgment. What needs to be filed will depend on the asset or debt that is in question. Continue reading to learn about common procedures that you may encounter for the division of your property and debt:
- Retirement benefits may warrant a Qualified Domestic Relations Order (QDRO) which is a document that tells businesses that hold retirement accounts the person that is to receive a specific amount from within the account. The business that controls the account will need the QDRO to determine the ‘alternate’ payee.
- Any vehicle titles should be changed according to ownership and automobile companies should be advised of change.
- If property is changing ownership, you must file quitclaim deeds with your local recorder’s office, with mortgages possibly needing refinancing into one person’s name.
- Per your judgment, you may need to close joint bank account and/or credit cards.
Am I allowed to change beneficiary designations?
Once the divorce becomes final, you can typically alter the beneficiary on your retirement and estate plans if the court has permitted it. Life insurance policies may have contingencies, so read your divorce judgment carefully. Here is a list of some of the documents that may need to be changed:
- Pension/Retirement Accounts
- Investment/Bank Accounts
- Living Will
- Power of Attorney
- Revocable and irrevocable trusts
What about remarriage and spousal maintenance?
Once your divorce is final, you are at liberty to remarry. However, for most instances, spousal maintenance ends when said spouse is remarried. For spouses that are getting remarried and your new marriage includes adding children or stepchildren to the household, you may need to seek a modification about spousal maintenance per the increase in finances.
How do I determine custody and child support?
This is a multi-layered and heavily complicated area of life after divorce for men and women. When children are involved, there is a lot for both parties to consider. From custody, child support, parenting plans, relocation, and the emotional recovery of all parties, spouses have their hands full with determining the best course for their family.
There is so much to consider about life after divorce, but with BAM Family Law, you don’t have to be overwhelmed. With so many questions to be answered, let us help you get through this difficult time. Get in touch with us at (303) 331-6432 for a legal consultation regarding your divorce.
The information in this post is not legal advice—it is only legal information. To obtain legal advice by hiring the attorneys of BAM Family Law as your counsel, please contact the firm at email@example.com or 303-331-6432.