Unlocking the Next Chapter After Divorce
When a divorce is finalized, many people think that’s the end of the legal road. They believe that once the judge signs the divorce papers, everything is settled and done. But in reality, that’s just the beginning of a new chapter with its own set of challenges and legal obligations. In this situation, our divorce attorney in Laguna Hills can guide you through what happens after the divorce decree is signed and what you need to do next.Â
Keep in mind that even after the divorce papers are signed, there are legal responsibilities you need to follow. Ignoring these responsibilities can lead to legal problems down the road.
Quick Summary:
- After a divorce decree is signed, there are ongoing legal responsibilities to follow. Ignoring these can lead to future legal issues.
- Creating and following a custody and visitation schedule is crucial for children’s well-being. Adhering to this schedule reduces conflict and has legal consequences if ignored.
- Child support ensures children’s needs are met, covering expenses like food, clothing, and education. Payments must be timely, and modifications require court approval based on significant changes.
- Alimony provides financial support post-divorce, determined by the court considering each spouse’s financial situation. Changes in circumstances can warrant modifications.
- Property division and retirement accounts need careful consideration post-divorce, as they impact financial stability. Community property rules apply in California.
- After divorce, updating wills, beneficiaries, and estate plans is crucial to reflect new circumstances and wishes.
- Focusing on emotional well-being through co-parenting counseling and child counseling can help families adjust to post-divorce changes.
Post-Divorce Legal Obligations
When you get divorced in California, it’s a big change. You might think that once the divorce papers are signed, you’re done with all the legal stuff. But that’s not quite true. There are still some important things you need to take care of even after the divorce is final. Here are the post-divorce legal obligations to help you understand what comes next:
Child Custody and Visitation
After a divorce, if you have kids, you’ll need a plan for where they’ll live and when they’ll spend time with each parent. This is called child custody and visitation. Child custody and visitation arrangements are the most important orders you obtain in a divorce proceeding. This can be a very emotional and confusing process.Â
Following the agreed-upon custody and visitation schedule is crucial. It shows that both parents are committed to their children’s well-being and respect each other’s time with the kids. It shows you both care about your kids and respect each other’s time with them. Following the plan also helps avoid arguments and makes things easier on everyone, especially the kids.
Having a set schedule for where the kids will be helps them feel safe and secure. Kids like routines, and knowing what to expect can make them feel better during a difficult time.
Child Support
Child support is money that one parent pays to the other to help cover the costs of raising their children. This money is meant to ensure that the children have what they need to live a healthy and comfortable life.Â
The amount is usually based on each parent’s income and the number of children. It goes towards things kids need, like:
- food,Â
- clothes,Â
- a place to live,Â
- doctor visits, and evenÂ
- after-school activities.
It’s important to pay the agreed-upon amount on time each month. If something changes, like a job loss, and you can’t pay, you’ll need to go to court to adjust the amount. To get a modification, you’ll need to show the court that there’s been a significant change in circumstances that makes the current support order unfair or unworkable.
Spousal Support
Spousal support, or alimony, is money one spouse pays to the other to help them financially after a divorce. This could be because one spouse earns significantly more money or because one spouse stays home to take care of the family and needs time to get a job or job training.
There are two main reasons why a court might order spousal support:
- One spouse makes much more money: If there’s a big difference in income, the higher earner might need to help the other spouse maintain a similar lifestyle after the divorce.
- One spouse stayed home for the family: If one spouse stayed home to raise kids or take care of the house, they may need time to get back into the workforce. Spousal support can help them financially while they get a job or job training.
The judge decides how much spousal support is paid and for how long, considering both spouses’ financial situations. Just like child support, this can be changed later if things like income significantly change. For example, if the receiving spouse gets a good job, spousal support might end. They might also remarry and no longer need the financial help.
Financial Considerations
After finalizing your divorce and getting your divorce decree, it might feel like the hard part is over. While that’s a big step, there are still important financial matters to think about. These considerations can help you start this new chapter on solid financial ground. Here are some of the financial considerations to be addressed:
Property Division
After a divorce, one of the most important financial considerations you’ll face is how to divide your property. This process, known as property division, can have a significant impact on your financial future.Â
California follows community property rules. This means anything bought or owed during the marriage belongs to both spouses. Anything owned before marriage, received as a gift or inheritance, or acquired after separation is considered .Â
Divorcing couples can get into intense conflict about how to divide the property they acquired during their marriage. If separate property gets mixed with community property during the marriage, it could be seen as community property and split equally between spouses. It’s crucial to keep good records of separate property that you own and owe because you’ll need to share this information with your spouse during the divorce.
Retirement Accounts
Retirement accounts, like 401(k)s and IRAs, are often significant assets in a marriage. Here’s what you need to know:
- Ownership: Money put into retirement accounts during the marriage is usually considered marital property, meaning it belongs to both spouses.
- Division: These accounts may need to be split between spouses in the divorce. A Qualified Domestic Relations Order (QDRO) is often used to divide retirement accounts without incurring tax penalties.
Estate Planning Updates
After your divorce is finalized and you have your divorce decree, it’s crucial to update your estate plan to reflect your new circumstances. Here’s what you need to consider.
Updating Your Will
A will is a legal document that spells out who gets your property and assets when you pass away. After a divorce, you’ll likely need to make changes to your will:
- Remove Your Ex-Spouse: You’ll probably want to remove your ex-spouse as a beneficiary or executor of your will.
- Name New Beneficiaries: Decide who will inherit your assets now that you’re divorced. This could be your children, other family members, or even friends.
Updating Beneficiaries on Retirement Accounts and Life Insurance Policies
Don’t forget about retirement accounts, IRAs, and life insurance policies:
- Retirement Accounts: Update the beneficiaries on your retirement accounts to reflect your new wishes. This ensures the right people get the money if something happens to you.
- Life Insurance Policies: Similarly, update the beneficiaries on any life insurance policies you have. This can provide financial support for your loved ones after you’re gone.
Power of Attorney and Healthcare Directives
Power of Attorney and healthcare directives are estate planning documents that give someone else the authority to make decisions for you if you can’t. Here’s what to consider:
- Financial Power of Attorney: Choose someone to handle your finances if you become unable to. This could be paying bills, managing investments, or selling property.
- Healthcare Directive: Decide on medical treatments and appoint someone to make healthcare decisions for you if you’re unable to.
Emotional and Family Wellness
Divorce can be tough emotionally. It’s essential to focus on emotional and family wellness to help everyone adjust to the changes. Here are some tips to help you and your family face this new chapter in your lives.
Co-Parenting Counseling
Raising kids after a divorce can be tough. Co-parenting counseling can help you and your ex get on the same page for the sake of your children. Here’s how:
- Talk it Out: Counseling can teach you better communication skills to avoid arguments and misunderstandings.
- Focus on the Kids: The goal is to put your children’s needs first and help them adjust to the new family situation.
Child Counseling
Divorce can be confusing for kids. A counselor can give them a safe space to talk about their feelings and learn how to deal with the changes.
Moving Forward with Confidence: Our Laguna Hills Family Law Attorney Supports You After Divorce
After divorce, there’s still a lot to do and understand. Navigating life beyond the divorce decree can feel overwhelming, but you don’t have to go through it alone.Â
Our Laguna Hills CA divorce attorney at Trevino Law can guide you through the next steps, helping you know your rights and responsibilities. From updating your estate plan to understanding child custody and support, our family law firm can make a big difference. We’ll help you understand what the divorce decree requires from you and what rights you have moving forward.
Take the first step towards a brighter future. Contact us today to schedule a free consultation and let us guide you through the post-divorce process. Whether you need help with a custody dispute, a domestic violence issue, or a dividing property in divorce, we are here to support you.
