Post Divorce Laws

Divorce Papers > Post Divorce > Post Divorce Laws

When a couple gets a divorce, they breathe a sigh of relief. As there are no more documents to complete, no papers to file and no red tape, they experience a feeling of lightness. But, final decree is not the end of legalities required. As per the post divorce laws, the ex-partners need to take some actions afterwards as follows:

  • The legal and financial aspects of their life must create an image of a new single status.
  • It must be observed that both are bringing the provisions of the decree in practice.

Actions permissible as per Post Divorce Laws

  • The non custodial parent is adhering to the visitation schedule
  • If any parent switches a job, he/she should intimate the new employer of the divorce and related court ordered support. Any automatic withholding from the income must be brought into effect.
  • Both the parent must disburse all due support. This is regarding the spousal support and child support payments.
  • If mentioned in the decree, the QDRO (Qualified Domestic Relations Order) must be entered and implemented.
  • Each partner must submit all COBRA (Consolidated Omnibus Budget Reconciliation Act) documents or ascertain that the ex-spouse has submitted
  • those. This is to be done to confirm continued health insurance coverage.
  • The partners are free to write a new will. If any partner wish to do so, it is necessary to inform the ex-spouse about the registration of new will.
  • Any partner can obtain life insurance wherein he/she can name the ex-spouse and/or children as beneficiaries in case of his/her death. This step can be taken if mentioned in the decree.
  • If permitted by the court order, a partner can modify the beneficiary for his/her life insurance policy. The same should be registered with the concerned authorities.
  • Both partners should cancel the former spouse's name from his/her mortgage or lease.
  • The partner should apply for credit in his/her own name.
  • The spouses must alter his/her address on the bank accounts and checks.
  • If any of the partners opens any new account, he/she can do so in his/her name only.
  • The partner can apply for a driver's license mentioning his/her new name and new address.
  • If this incidence of dissolution has led to a name change, he/she must intimate the Social Security Administration and his/her creditors regarding this change.
  • As a result of the divorce, if any loans or debts are no longer one's responsibility, he/she must remove his/her name from those. In this matter, the bank documents should be updated as required.
  • The partners must inform the auto insurer regarding any modifications in ownership and contact addresses. If the debt is divided between the partners, separate documents should be made immediately.

Post Divorce Laws regarding Enforcement of Court Orders

A majority of the spouses are law-abiding and observe the court orders. However, if a spouse detects that his/her ex-spouse is not in the above category, the following sequence of steps may be adhered to:

  • One spouse can talk to the other spouse regarding this issue and resolve the problem.
  • One spouse can approach a family services officer at the court and request this officer to find a solution to the issue.
  • The last step is that one spouse should file a 'complaint for contempt of court' and thereby requests the judge to enforce the court order.

Post Divorce Laws regarding Modification of the Court Orders

Sometimes, the court orders regarding spousal support and child custody need a modification. A change in the conditions of the spouse, new employment or a remarriage can be the reasons behind such modification. Following steps can be observed in this matter:

  • The spouse requesting such modification, should submit enough evidences of changed circumstances and their impact on the concerned issues.
  • The spouses can apply jointly for the modification, if there is mutual consent.
  • While applying for modification, it is necessary to remember that some court orders are not modified on any basis. For example, the orders related to property distribution, are no to be changed under any circumstances.

Such is the nature of the laws to be complied with post divorce. If the termination of marriage is a mutual one, there is possibility that partners would not require modification. Before implementing the post divorce laws, one should confirm the state specifications about such provisions.

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