The divorce is final. No more deadlines to meet, papers to file or waiting time for all of it to be over. Now that the hard part is behind you, it is time for a fresh start. However, there might be a few things remaining for you to do before you can officially move on to the next chapter.

The following is a checklist of things that you might still need to do after your divorce is finalized:

  • Review your divorce decree and create a list of things that you and your former spouse still need to satisfy. It could help if you create a calendar to visualize when certain things are due such as alimony/child support payments or when certain things are scheduled to terminate.

  • Divide investment assets and retirement plans according to the terms of the divorce settlement agreement. Dividing a 401(k) or pension will require a Qualified Domestic Relations Order (QDRO). A QDRO is a court order telling the administrators of the retirement plan or the 401(k) how to divide the account. Most QDROs need to be drafted by an attorney or a CPA, signed by you and the former spouse, filed with the court and signed by a judge. If you are the recipient of a portion of your former spouse’s retirement account and you need the QDRO, it is imperative that you follow-up with your attorney to ensure the implementation of the QDRO is done in a timely fashion.

  • Update all beneficiary designations with your workplace retirement plans, investment accounts, retirement accounts, trusts, annuities, life insurance, bank accounts, credit cards and any other place you might have listed your former spouse as a beneficiary.

  • Obtain your own insurance coverage for your health, automobile, home and life insurance.

  • Review your credit report to cancel any joint credit cards and close any joint accounts. Also, look through your credit report for any joint debts that you were not aware of.

  • Update your estate planning documents including your will, any trusts, durable and health care power of attorneys.  If you never had a will, this is a good time to consider making one.

  • Change your emergency contacts with your workplace, doctors, health club, etc.

  • If you changed your name back to your maiden name, you will need to notify different agencies. Most importantly, you will need to change your name on your social security card, passport and your driver’s license. You should also consider changing your name on your social media accounts. 

  • Consider changing your passwords to any emails or online accounts (i.e. Paypal, Facebook, etc.) that you might have shared the access information with your former spouse.  Confirm that your spouse isn’t either a signer or authorized user on any of your online accounts.

  • After the divorce, your financial circumstances have likely changed. You should consider developing, by yourself or with the help of a professional, a new financial plan for your new life.

Getting these things done might seem a burden now, after all you have been through, but it is necessary to avoid trouble later on.  It is better that you go through this checklist and handle these issues as soon as your divorce is finalized to prevent possible future complications.

Once these things are done, you get to close that chapter and enjoy your new life with no worries about unhandled matters left over from the divorce.

Published in AMM Blog

As family law attorneys and parties to custody orders can attest, shared custody and co-parenting arrangements are often fraught with ongoing tensions, stress and conflict.  Using the court system to litigate smaller disagreements in the aftermath of a custody order is inefficient, costly and time-consuming.  In addition to the burden it places on the Court system, it is a strain on not only the parents, but most importantly, the children who are subject to the order.  Fortunately, a common sense alternative is soon returning which can mitigate some of the strife of custody disputes in the future.

On March 1, 2019, the Parenting Coordination program, which was terminated in May 2013, is being reinstated by the Pennsylvania Supreme Court. The rule allows the Court to appoint a parenting coordinator to resolve parenting issues arising from the final custody order issued in the case. The rule clearly establishes that parenting coordination is not intended for every case. Coordinators will not be appointed where there is a protection from abuse order in effect between the parties to the custody action, a finding by the Court that a party has been a victim of domestic violence by a party to the custody action during the case or within 36 months of the filing of the custody action or where a party has been the victim of a personal injury crime.

A parenting coordinator will be appointed for a period not to exceed 12 months; however, this may be extended. The rule also sets certain qualifications that must be met prior to the coordinator’s appointment. Once appointed, the parenting coordinator will have the authority to recommend resolutions to the court on specific custody related issues including, but not limited to: deciding on locations and conditions for custody exchanges; temporary variations of the custody schedule due to special or unique events and circumstances; and any school-related issues.

There are, however, specific areas into which the coordinator is explicitly prohibited from making any decisions such as: changing legal or primary physical custody; changing the custody schedule (a permanent change, rather than a “temporary” one); changing the child’s residence or their relocation; financial issues; major decisions affecting the health, education or religion of the child; and any issues limited by the appointing judge. 

Under the new rule, after giving the parties or their counsel the appropriate notice and the opportunity to be heard on the issue(s), the coordinator submits to the court, and serves copies on the parties or their counsel, a written summary and recommendation within two days after hearing from the parties on the issues. An objecting party has five days from the service of the summary and recommendation to file a petition appealing the coordinator’s recommendations on all or specific issues. If neither party appeals the recommendation, the court undertakes one of the following options: approve the recommendation and make it an order of court; approve the recommendation in part and hold a hearing on the remaining issue(s); remand the recommendation back to the coordinator for more specific information; decline to enter the recommendation as an order and conduct a hearing on the issues. If a timely objection is made and a hearing is required, the recommendation will become an interim order pending the hearing and issuance of a further order by the court.

Custody matters are typically the most high-conflict and costly type of family law cases. By reintroducing the amended parenting coordination rule, the Supreme Court has returned a functional tool to the courts, attorneys and litigants to expedite custody disputes and reduce stress and costs for all parties involved. The hope is that this additional tool will assist all parties involved in achieving the best interests of the children in custody cases.

Published in AMM Blog

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