Legal Traps for the Recently Divorced

A Survival Guide for the Newly Single

by Jason J. Ricardo

When does divorce end?

Many people think that the final order from the judge, dividing all the property and deciding custody issues for any kids, ends the matter. In many cases, though, the loose ends from a divorce can go on for years, especially in cases involving support or custody issues. Here are some of the things you’ll need to look out for — and make sure your lawyer knows about — even after the final order gets signed.

Who’s got the kids?

Child custody and visitation issues can last for almost two decades — until the last child turns eighteen. If you’ve got a court order spelling out who gets the kids on what days, make sure to follow it. Remember that you and your former spouse can’t modify the Court’s order without the Court’s permission. If the original custody order isn’t working anymore — maybe one parent moved, or your kids’ school schedules have changed — you should ask the Court to modify the custody and visitation order to reflect that new reality.

Where’s my money?

Child support issues can also last until the last child turns eighteen. Late or never paid child support may be the single biggest problem between couples whose divorce is already final. It’s such a big problem that federal law and interstate agreements have cropped up to address it. Remember that if you’re not getting the support payments you’re supposed to be getting — or if you’ve paid but your former spouse claims you haven’t — you have important legal rights. But you can’t just sit around and hope for things to get better — you need to act promptly to protect yourself.

Who owns the house?

Usually the Court will decide who owns what in its final order. But sometimes there are loose ends to be tied up — paperwork to be signed, deeds to execute, taxes to pay. If there are any lose ends that your final decree (the Court’s order) didn’t clean up, you might need to go back and ask the Court to modify the decree.

Who paid that bill?

Like property, Courts usually divide debt between the two parties to a divorce. But even the Court has limits to its power. If you’ve co-signed any loans, own any vehicles together, or opened any credit cards together, you might need to monitor those accounts to make sure your former spouse doesn’t miss a payment that could hurt your credit rating. Divorce is expensive enough without killing your ability to get a loan, so make sure you stay on top of any joint credit accounts until they’re paid in full.

Who should you call?

In most cases, it’s best to consult with your lawyer to make sure things go smoothly after your split. In some rare circumstances, you could handle matters without the advice of a lawyer, but it’s very easy to make a mistake that could end up costing you much more money in the long run than you might save by not picking up the phone. So if you’re divorced, and you’ve got issues that haven’t been resolved, spend a few minutes and get the peace of mind you deserve by running it by your lawyer.