Post Judgment Issues and Wrapping Up a Divorce

A divorce can be a messy, frustrating and exhausting process. It may feel like a marathon to finally get to the point where you have a final Judgment of Divorce (JOD). While this is an important step, it likely does not resolve your case completely. It is critical to finish the post-Judgment issues, so that you can move on to your next chapter in the best position personally and financially. The eight (8) “loose ends” to address upon signing a JOD are: 1. Retirement division, 2. Financial Accounts/reinvesting, 3. Real property, 4. Personal property, 5. Parenting time and custody tools, 5. Will, 6. Tax planning, 7. Appeal.

Retirement Account Division

It’s crucial to address retirement accounts promptly using a Qualified Domestic Relations Order (QDRO) or similar order. This legal instrument divides retirement benefits between spouses. Our Grand Rapids attorneys will connect you with a QDRO specialist to ensure this process is handled quickly and efficiently. Delaying QDRO entry can create complications if your former spouse retires before the order is in place.

Financial Accounts

Beyond retirement accounts, other investment accounts may need to be divided or retitled. Our Grand Rapids attorneys recommend working with a Certified Divorce Financial Analyst to ensure all assets are accounted for and properly handled, including addressing potential tax implications. Again, it is time to reinvest your money and/or consolidate your financial planning in order to be on a solid footing for your future.

Real Property

If the JOD awards you property, you’ll need to remove your former spouse’s name from the title and mortgage documents. This might involve refinancing or selling the property. Our Grand Rapids attorneys can recommend refinance professionals experienced with divorce cases.

It is important to address property issues promptly, as delays can impact your ability to take enforcement actions.

Personal Property

If you have not already done so during the divorce case proceedings, you and your former spouse should schedule a time to collect your personal belongings, or allow them to collect theirs, from the marital home. Addressing this promptly can prevent disputes over missing or damaged items.

Parenting Time/Custody Tools

To minimize conflict and maintain clear communication regarding parenting time and custody arrangements, we recommend using a platform like AppClose or OurFamilyWizard. These apps provide a reliable record of communication and scheduling tools, which can be helpful in keeping communication open and respectful, and are important if you need to address parenting issues in court. If co-parenting proves difficult, a parenting coordinator might be beneficial as well.

Wills

After a divorce, it’s essential to update your will. Previous provisions regarding your former spouse may no longer reflect your wishes and are invalid. Updating your will promptly prevents unintended consequences regarding the distribution of your assets. Especially where, you may want a prior spouses’ child whom you remain close with to inherit from your estate. Either way, a prior invalid will leaves you without the protection you need to move forward.

Tax Planning

Divorce can raise various tax issues, including the division of tax debt. If you anticipate tax problems, we recommend consulting with a tax planning attorney. It’s important to understand how child tax credits, alimony, and tax debt are handled after divorce.

Appeal

If you’re dissatisfied with the court’s decision, you have the option to appeal. You typically have 21 days to file an appeal after the Judgment of Divorce is entered. However, if certain issues remain unresolved (ex. Child support), you must wait until those matters are finalized before appealing. Generally, consent judgments of Divorce are not appealable. Our Attorneys can advise you on the appeal process and connect you with appellate specialists if necessary.

Conclusion

Wrapping up a divorce can be difficult and can feel overwhelming. If you want to finish up your divorce and close it for good, contact our experienced legal team in Grand Rapids at 616-698-0000 or www.clickforhoward.com