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April 22, 2008

Just Because The Divorce Is Over Doesn't Mean the Work is Done

As a lawyer, I sometimes hear from clients that say "my divorce is over, so why as I still getting charged".  The answer is simple -- while the divorce is over, there are still many tasks to complete.   

To_do_list Emotionally, there is often a sense of finality to the dissolution of a marriage when the Judge announces that the divorce is granted, unfortunately, practically there are many more steps to complete.  More often than not, they are outstanding orders to process, the final Decree must be entered into the record, evidence in the case may need to be sealed or returned, and there are a whole litany of documents that must be entered to reflect the change in ownership of various property incident to the divorce. 

Typically, your attorney will be involved in preparing and recording quitclaim deeds or other documents necessary to transfer ownership of real property, they may also choose to record promissory notes, deeds of trust or other documents to secure monies owned but not yet paid.  If retirement accounts are involved, your attorney may recommend the preparation and entry of a special order known as a Qualified Domestic Relations Order ("QDRO") to secure your interest in retirement assets.

In addition to the tasks your attorney completes, you need to be involved in a number of matters Paper_and_pen_2  including but not limited to: 

  1. Notifying creditors to close accounts and/or to remove the other spouse's name
  2. Transferring title on automobiles, boats, trailers, motorcycles, etc.
  3. Changing names on bank accounts and other financial instruments
  4. Changing beneficiary designations on life insurance policies, and financial accounts
  5. Removing your spouse's name from, and/or obtaining new home owner's and automobile insurance

Keep in mind that when these issues are not resolved contemporaneously with the conclusion of the divorce process, they tend to get overlooked and sometimes forgotten.  Sadly, it can be be much more difficult (and expensive) to resolve after everyone has forgotten what was intended at the settlement, or after someone has move away, a file has been destroyed or an attorney has retired. 

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