Nolo's Essential Guide to Divorce - Emily Doskow [165]
You're Not Done Yet: Ten Postdivorce Tasks You Can't Ignore
Remember how you had to list and divide all of your assets and debts in the course of your divorce? Well, splitting those assets and debts involves paperwork, and this is the time to make absolutely sure that all of that paperwork is in order, all transfers have been accomplished, and all of your ownership documents have been changed to reflect that you are no longer married (and to reflect your new name if you've changed it). There are some other things you should take care of, too, including updating your will, insurance coverages, and beneficiary designations.
1. Read the Court Order and Fix Any Mistakes
When the dust settles and you have a copy of your divorce order and your settlement agreement, take some time and review the entire court order to make sure that it says what you expected and that you understand all of it. Then go through it again, along with this chapter, to make sure you've taken care of everything and can go confidently into your new single life.
What should you do if you find a mistake in the order? If the problem is merely a typographical error that doesn't change the meaning of any of the terms, it's probably best to just leave it alone, no matter how much of a stickler you are for accuracy. But if a provision was left out, something was included that you didn't agree to, or an agreement you did make is stated incorrectly, you need to take immediate action. If someone else prepared the order (like a lawyer or mediator), contact them first. If your divorce was uncontested, contact your former spouse and see whether you're in agreement about the error. If so, you can ask the court together to remedy the mistake, by submitting an amended order along with a letter signed by both of you asking for the change. If you had a lawyer in the divorce, your lawyer can do this. If your ex-spouse doesn't agree that there's a mistake, consult an attorney about your next step. Amending a final order against the wishes of another party is a tricky business, and you'll need help.
Assuming your review of the final documents doesn't raise any red flags about their correctness, its time to take care of business.
2. Get Certified Copies of Your Divorce Order
When you finalize your divorce, you'll end up with a copy of the order that the judge signed saying that you are no longer married and ordering you and your spouse to comply with the terms of your marital settlement agreement. The order will be stamped with the date that it was filed in the court. Most likely, you'll get this date-stamped order in the mail.
You'll need a couple of "certified" copies of your divorce orderthey'll probably be required when you ask an insurance plan administrator, banker, or real estate agent to do something that's required by the order. Certification is the official seal of approval from the clerk that shows the document is an accurate, official copy of what the judge signed. If you have a lawyer, the lawyer will take care of getting certified copies for you. If you're on your own, take your stamped copies to the court clerk and ask for certified copies. You'll know the difference because the certified copies will have a special seal on them with the court clerk's signature, which may even be embossed (raised). You'll have to pay a small fee for the certification.
3. Make New Deeds for Real Estate
If one of you stayed in the family home and bought out the other, you may have already done the paperwork to transfer the house to the one who's keeping it possibly as part of the refinancing process. But if you haven't transferred the property formally yet, now is the time to do it. (Remember, there are no tax consequences to a real estate transfer if it's related to a divorce, so it's important that you make the transfer