Post-Divorce Checklist
People often think that once their divorce decree is signed by the court, there is nothing left for them to do to wrap-up the divorce. This is generally not true, so here are some “to-do” items that that should be on every divorced person’s post-divorce checklist.
Remarriage
Some people want to remarry quickly and think they can do so as soon as the ink is dry on the final order of dissolution. Be careful. You must wait a minimum of 30 days after the divorce decree is signed before you can legally remarry.
Before remarrying, a newly divorced person should seriously consider preparing a prenuptial agreement so that their separate property is clarified and any increase in value of that separate property during their new marriage will remain separate property. They can also provide that their income and earnings will remain separate and include many other terms that would protect them in the face of a death or divorce.
Sale of the Home
In many cases, the divorcing couple agrees to sell the marital home. There may be established deadlines for contacting a realtor, having the house listed and repaired if necessary, and getting it sold. All of these items need to be on your post-divorce checklist.
Changing Titles to the Cars
This is an important step. If the vehicles are still in the names of both you and your ex-spouse, you can be sued if your ex is in an accident and someone is hurt. You will need a power of attorney to change the title of the car to the name of the one who will now have sole ownership. Additionally, there may be deadlines to refinance the vehicle if the loan is in both names.
Retirement Accounts
If there is a retirement plan that is going to be divided, most plan administrators will need to approve, or “qualify” an order that is separate from the divorce decree. This order is called a domestic relations order and must be signed by the Judge within 30 days of the divorce. We try to get these orders approved and signed at the time of the final order, but in many cases, this will be done after the final divorce decree.
Changing Your Will
After divorce, most parties do not want to leave their estate to their ex-spouse. Texas law recognizes this by providing that ex-spouses are automatically removed as beneficiaries once a divorce is final. However, you do not want there to be a question about your last wishes, so you will need to revise your will and estate documents after divorce.
Getting these items checked off your list will give you peace of mind knowing that your financial affairs are in order.
For More Information About Your Divorce Checklist, Contact an Experienced Dallas Family Law Attorney
To schedule a free initial consultation with a Dallas Family Law Attorney, contact Paula Lock Smyth Law Offices at 214-420-1800.
Paula Lock Smyth has practiced law in Texas since 1985, focusing on Family Law, Probate, Mediation, and Collaborative Divorce. She is a trained mediator, seasoned litigator, and one of the early adopters of Collaborative Divorce in Texas. Paula is a member of the State Bar of Texas, the College of the State Bar and the Texas Bar Foundation and has served as Past President of Dallas Lawyers Concerned for Lawyers.
She was a Master in the Annette Stewart Inn of Court and is a Charter Member of the Collaborative Law Institute of Texas. Her legal knowledge and decades of experience make her a trusted voice on matters that impact families across Dallas and surrounding counties.
