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After your divorce has been finalized, you'll probably feel a sense of relief that it's over and behind you. But even after you have a divorce order or decree, you'll still have to take some steps to comply with the decree and ensure that you restart your single life on the right legal and financial footing.
Read the Divorce Decree
Although you've probably read the divorce decree several times, it's important to read the judge's final order to make sure you understand the contents and to ensure there are no mistakes.
As you read through the decree, make a list of things you have to doas ordered by the decreeand the deadlines for completing them.
You'll also want to be on the lookout for mistakes in the decree. In particular, look for typos and items that are unenforceable because the details are incorrect. Your attorney should easily be able to get these mistakes corrected.
Changing the Divorce Decree
It may be more difficult to change the substantial pieces of the divorce decree, particularly if your former spouse objects to the changes.
If you were under duress, meaning you were forced or threatened, when agreeing to the settlement, you may be able to argue that the decree should be modified. Your lawyer can file a motion for a new hearing with the original judge. In most states, you'll have to request this hearing within 30 days of the final divorce order.
If both you and your spouse agree to modify the divorce decree, your lawyers will have to file a request with the courts to modify the order. To be enforceable, a judge will have to approve the changes. There is no time limit to file such a request.
Appeals
You can also appeal a final divorce degree if you think the original judge made a legal error during the course of your divorce. An appeal is a request that a higher court review the original case to see if errors were made. You cannot introduce new evidence at an appeal.
If an appeal is granted, the case may be remanded, meaning it is sent back to the lower court with specific instructions about the mistakes that must be corrected. If an appeal is denied, then no changes are permitted and the divorce order is affirmed.
Appeals are infrequently granted in divorce cases, and you must be able to point to a specific legal mistake that was made during the court proceedings. You cannot simply appeal because you are upset with the outcome of your case.
Because appeals are expensive and can take months or years to resolve, you should think carefully about whether it's worth the emotional and financial investment to appeal the case. If you decide to appeal, you'll have to pay:
- Additional lawyers' fees
- Court fees to file the appeal
- The cost of providing a trial transcript to the appeals court
- Your former spouse's appeals fees, too, if the appeals court feels that your appeal was frivolous
Obey the Divorce Order
Assuming you're satisfied with the divorce order, and see no reason to appeal, it's then important to follow through on the actions required by your divorce order. These may include:
- Paying child support
- Transferring complete ownership of assets (such as a house or a car) to your former spouse
- Transferring interest in a retirement plan to your former spouse
- Making loan or bill payments
In many cases, there will be a deadline to perform these actions. Don't procrastinate, and allow sufficient time to complete each responsibility.
Life as a Single Person
Now that you're single, it's important to review legal and financial documents unrelated to your marriage. In many cases, you may need to update records to reflect the fact that you're now single. For example, you'll want to draft a new will. It's also important to check your credit report to make sure that it correctly reflects the status of any loans and credit accounts that were jointly held with your former spouse. You'll want to designate new beneficiaries for life insurance policies and other assets with named beneficiaries. And don't forget to adjust your tax withholdings.
Related Resources on Lawyers.comsm
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Keeping Control During Divorce
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Recognition of Divorce Decrees by Other States
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Divorced Taxpayers and Tax Return Filing Status
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Divorce: Pension FAQs
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