Month: May 2014

POST DIVORCE CHECKLIST

Posted by Sharon O'Day on with 2 Comments

checkboxPRINT CHECK LIST OUT HERE

 

POST DIVORCE CHECKLIST

Too often when a divorce is completed the parties are handed a Final Judgment of Dissolution and a copy of their Marital Settlement Agreement and nothing more.  After many months of being under the care of professional counsel, financial advisers, mediators and mental health experts, the parties suddenly are left on their own to move on with their lives.  In order to help with the transition, here is a list of items that should be considered after the divorce is final.  For my professional colleagues, please print out the list from the link above and hand out to your clients.  If you have other items that should be included on the list, please let me know and I will update on this site.

The first thing you should do at the conclusion of your divorce process is to obtain several Certified Copies of the Final Judgment.  Review all of the paperwork carefully with your counsel to ensure you understand what you must complete under the Settlement Agreement and / or Final Judgment.  While the list below is comprehensive, there may be additional items required in your decree that are not listed below.

Personal Care

  • If you are feeling a sense of loss, grief or depression seek professional assistance or a support group to take care of yourself
  • Take some time for a little personal self-care.  Have a massage, visit a spa (yes even the guys enjoy this), take a short vacation or weekend break.

Financial Accounts

  • Close all joint checking & savings accounts as soon as all outstanding checks and automatic payments have cleared the bank
  • Open new checking & savings accounts
  • Update automatic payments taken from your accounts with new account information
  • Change named beneficiaries of retirement accounts & life insurance policies
  • Create new Estate Plan (Will, Trust, Health Care Surrogate, Living Will & Power of Attorney)
  • Ensure all prior Powers’ of Attorney are revoked in writing
  • If Qualified Domestic Relations Order (QDRO) is required by Final Judgment, follow-up with Plan Administrator to ensure they are notified of the divorce and the QDRO is completed
  • If there is to be a transfer of IRA funds the receiving spouse must open a qualified IRA to receive the funds and the distributing spouse must notify the financial institution to initiate the transfer
  • Close all joint credit card accounts
  • Change all passwords for online account access
  • Request a final bill from your legal counsel and ensure it is paid
  • Obtain a copy of your credit report 30 days after the final judgment to ensure that all joint accounts have been closed
  • Close joint safe-deposit boxes & open new one in individual name

Insurance

  • Secure COBRA or other health insurance / notify employer of divorce if health insurance provided through employer
  • Update auto, home owner & flood insurance records / secure new insurance
  • Change beneficiaries on all life insurance, disability or other insurance policies

PROPERTY & ASSET RECORDS

  • Sign documents to retitle cars, campers, boats, planes and other vehicles into individual names and file new title with DMV or other agency
  • Record deeds transferring title to real property
  • Notify utility companies if new name on account
  • Ensure any funds held in escrow are transferred or returned (security deposits on rental property, utility deposits)
  • Notify the Post Office of change of address and mail forwarding
  • Arrange for the transfer of any personal property that must be distributed as soon as possible

PARENTING ISSUES

  • Update school records with name and address of both parents
  • Update medical records with name and address of both parents
  • Sign up for Our Family Wizard (http://www.ourfamilywizard.com/ofw/) or other program to manage parenting contact, children’s schedules, medical re-imbursement payments, etc.
  • Set up direct deposit or Income Withholding Order for child support

NAME CHANGE

  • Update Social Security Administration
  • Update driver’s license & auto registration with DMV
  • Update bank  and credit card records
  • Update employment records
  • Update insurance records (health, life, disability, auto, homeowners)
  • Update IRS records
  • Professional licenses
  • Update Passport

TAXES

  • Obtain IRS Publication 504, “Divorced or Separated Individuals” for information about filing status, exemptions, alimony, QDROs, etc.
  • Change your tax withholding allowances with your employer
  • Use the IRS withholding calculator to determine your new withholdings (http://www.irs.gov/Individuals/IRS-Withholding-Calculator)
  • If you are receiving alimony or self-employed determine if estimated quarterly payments will be necessary.
  • Execute IRS form 8332, Transfer of Dependency Exemption, if required under terms of the Settlement Agreement / Final Judgment

 

Sharon O’Day, Esq., O’Day Resolutions, 2014

Florida Board Certified in Marital & Family Law, Supreme Court Certified Family & Civil Mediator

Collaborative Attorney

The “Ladder” of Divorce

Posted by Sharon O'Day on with 2 Comments

ladder of formality 2

 

I often explain to potential clients that the divorce process is somewhat like a ladder.  The rungs on this ladder relate to the formality involved in the process.

The lowest rung would be the least formal and would correlate to the couple that is able to sit down at the kitchen table and work out the details of their divorce between themselves.  In Florida they could then use the forms published by the Supreme Court (found here) and file the case with the court for final approval.

The next rung would correlate to a couple that may need more assistance, a couple that may want help in drafting the agreement or who cannot calmly work out the details without some professional assistance.  In this case the couple can employ a mediator and, with the help of a skilled facilitator, work out the details of their divorce.  This couple may decide to each retain legal representation to review the agreement after it is drafted or even to attend the mediation, but they determine early on that they will not litigate and do not need court intervention to reach an agreement.

The next rung would be occupied by a couple that struggles with a lot of issues such as developing a parenting plan, division of assets and ongoing support. They may need more formal structure and advice from separately retained counsel.  The problem is that many couples skip an available rung and end up consulting litigation lawyers who advise them to begin the litigation process.  This is a problem because the couple have now developed an adversarial posture by filing accusatory pleadings.  The attorneys, because of their training and historic roles, often serve to increase the conflict through adversarial style of advocacy.  Even as the attorneys work with the clients to resolve the case, they are constantly strategizing how the case will be tried in court if resolution fails.  The parties have missed the “next rung” on the conflict resolution ladder — collaborative representation.

In the case of collaborative procedure, the parties would each retain legal counsel but the attorneys would be committed to working with the other professionals as a team to resolve the issues and minimize conflict.  Being a trained collaborative attorney I can tell you there is a substantial difference when the parties have one financial expert whom they both trust, one mental health facilitator whom they both work with and two attorneys treating each other with respect and working towards a settlement without any motivation to prepare for possible trial.  It truly is a “paradigm shift” for the attorneys.  The collaborative process should be considered as the next rung on the dispute resolution ladder prior to any advice to consider litigation to resolve the case.  Not every case may be appropriate for collaborative resolution, but too often this option is not even presented to the parties and they miss the opportunity to maintain control over their lives and the outcome of their divorce.

Collaborative Practice is also very different from the mediations that take place after many months of litigation and trial preparation.  Often the parties in these cases have attended temporary hearings where they have become agitated and hostile.  They have exchanged adversarial pleadings and answered extensive discovery requests.  By the time they arrive in mediation each side has developed a hostile position for the negotiations.  Often these cases start mediation with each side sitting in separate rooms with their attorneys and the mediator shuffling back and forth doing the “give and take” dance with the parties.  There is a reason that many mediators often start these mediations with the advice that “if you both leave here unhappy then we have a good agreement”  The parties have often invested so much in the conflict that their compromises are painful and hard fought.  This too is different than the collaborative process where looking for creative solutions starts from day one.

If the collaborative process is unsuccessful, the parties can still climb the ladder to the last rung and resort to litigation.  The couple will then turn their lives over the the straight-jacket structure of the laws passed in the state capitol and the formality of a court room.  Evidence will be restricted by rules and the judge will make the ultimate decisions about how to resolve the conflict.