The following are the most common legal measures that recently separated people must take in order to wrap up legal loose ends and begin a new existence.
What you will discover:
Alter Your Name Officially
Make plans for a Restraining Order.
Request Divorce Decree Enforcement
Create a Wage Withholding Order
After a divorce, you will want to wrap up a few legal loose ends before embarking on your new existence. Changing names, planning for a protection order, asking execution of the divorce judgment, setting a lien, and retitling all required property are the most common legal steps that recently separated people must take. However, keep in mind that every split is unique, and expert guidance is essential. When you have legal concerns, it is always ideal to speak with an expert.
Table of Contents
Officially Change Your Name
In most states, you can request that your birth name or previous marital name be returned as part of your divorce settlement. (if you forgot to ask you have to file a separate court case). It is always a good idea to discuss name adjustments with your divorce counsel early on, so you can work out when and how to do so easily. Following the divorce, you will be required to provide verified records of the divorce order to Social Security, the US Passport agency, the state drivers license office, institutions, and other organizations.
Make plans for a Restraining Order.
Some divorces result in animosity, and if you need to protect yourself, you may need to obtain a protection order against your former partner. However, most well-written resolution deals include wording to handle such occurrences, so breaches may be dealt with through contempt. Regardless, one major issue with such activities is that people fail to record the events with police reports, pictures, and invoices. Keep a record of aggressive interactions, including hours and dates. Report any incidents to the authorities. Do not disregard them. The good news is that if you plan ahead of time, you will be better able to defend yourself and be in a better general situation.
Request Divorce Decree Enforcement
You may discover that you are unable to persuade your ex-spouse to give over property or comply with the judgment. When working with land in another jurisdiction, things become even more complex. You do not have to resolve this alone, and most divorce decisions are recognized by other states. To seek compliance, you must usually submit a contempt case, and because contempts are complicated, consult with a counsel before filing. Contempts are expensive, and sometimes a lawyer’s “warning letter” can prevent a contempt case from being filed.
Create a Wage Withholding Order
If you are the primary parent or have been awarded spouse support, you have the right to request that the state receive it for you through salary withdrawal. If you did not acquire one when the support problem was resolved and it concerns child support, your state child support organization can assist you. Every state has an IV-D agency responsible for enforcing child support judgments. They will not charge you for this service, but they will not gather marital support on your behalf. If you need help collecting alimony, you may need to hire a counsel.
All Necessary Property Must Be Retitled
You may need to retitle any properties or cars that were moved in the divorce ruling. If you have a counsel, he or she can produce titles and other paperwork for you. It should be noted that in some jurisdictions, property with outstanding obligations (such as cars) may not be retitled until the credit is paid off. Do not put off moving property. Delays may enable the ex-spouse’s debtors to register claims against what should be your property.
