Making the Divorce Official
Once a settlement agreement is entered into between the parties to the divorce, that agreement must be finalized in order to obtain an uncontested divorce. This generally requires the filing of the following documents with the court:
- Notice of Intent to File Appearance
- Praecipe for Appearance
- Marital Settlement Agreement
- Waiver of 90-Day Waiting Period
- Affidavit of Consent
- Divorce Decree
- Affidavit of Publication (if needed)
- Civil Cover Sheet
The clerk of the court will then "approve" the divorce decree and settlement agreement "as to form", meaning the divorce decree has been presented in a legally allowable format. If the judge has any questions about the divorce decree, the judge will contact the parties’ lawyers before the hearing, if appropriate.
For most cases, the divorce decree will be immediately acceptable; however, if there are questions or concerns , there may be a delay in the presentation of the divorce decree to the judge. If there are issues, a hearing date will be assigned on the judge’s calendar within a few weeks. If a judge deems it necessary, he or she could also request a child custody evaluation. In some cases, this can lengthen the process.
If one party does not want to be divorced, he or she must have sufficient grounds for the divorce to be finalized over their objection. Pennsylvania law allows for three grounds: 1) you both agree to the divorce; 2) someone has committed adultery; or 3) you have been separated for at least two years. If one party is not willing to agree to grounds, the other party would have to prove that your spouse wants a divorce and has committed adultery.
In most cases, getting an uncontested divorce is the fastest way to get divorced. However, if one person is determined to stretch the process out over time, the divorce is likely to become contested at some point.
Dividing Your Assets and Liabilities
Once you arrive at a settlement agreement or enter into a judgment, the next step is to divide the marital assets and debts as contemplated by the agreement or order. The process begins by gathering all the documentation that demonstrates all debts and owned assets and includes anything of financial worth, such as properties, bank accounts, retirement accounts and even physical property like cars and jewelry. The point of this is to come up with an accurate total of how much each of you possess. Careful record keeping is important. The most reliable documentation is something in writing, such as a bank statement. A printout of your assets and debts from your computer is helpful, but may not be as useful. Maintain all notes, spreadsheets and jotted-down information. If your spouse has moved out of the house or cut off partially or totally financial support, it is your responsibility to keep track of expenses. If you and your spouse disagree about your net worth, consider submitting a request for temporary relief before going to court or seeking an appraisal of your assets by a neutral third party. This will save you the time and expense of having the courts divide your assets. However, the best time to appraise your assets is probably at the onset of your divorce. In some cases, dividing up your assets and debts may be simple. For example, if you have reduced your number of credit cards and have only two that are in good standing, you can use this information in your filing. List them in equal amounts as moving expenses and each person will simply take one and grant the other the other. If the parties are able to agree on the division of properties, and are not fighting over hard to divide assets like antiques, businesses, artwork and other expensive items, then there is no need for a forensic accountant. The parties can simply hire a real estate appraiser. In divorces that require a bit more due diligence, such as when a spouse is hiding assets and engaging in various schemes to delay the divorce process, forensic accountants are invaluable. Forensic accountants specialize in tracking down hidden assets and documenting all the various schemes that they find. They analyze financial statements, income tax returns, credit card spending and insurance claims.
Custody Arrangements and Child Support Amounts
Once a divorce is finalized, a settlement agreement may (or may not) contain specific provisions for custody and child support. If nothing exists, or an agreement is reached after a final decree is granted, the next step is to fill out a Certification of Dissolution of Marriage, which is a final order about alimony, child support, and/or custody. If your settlement agreement has not yet been signed by both parties, it must contain a final determination of custody, child support, and/or visitation.
In the case of child support, family courts have discretion in determining how and why child support is allocated. There are general standards that parting parents must meet that dictate how much individual parents should pay. On the state level, those standards are "imputed" to child support obligations and clearly define specific financial obligations for the custodial versus non-custodial parent. The child support order can be used to enforce the terms of the agreement. While courts have substantial authority for setting these orders, families can elect to opt-out of having any government intervention by arranging a private resolution about the amount and form of child support.
Custody issues are often mediated in court if the parents cannot come to a resolution on their own or if judges determine that the circumstances of a family are too complex or contentious to handle outside the court system. Most commonly, family courts will ask parents to work out a parenting plan between them; parents can elect to ask that the plan be approved by a judge if they are uncomfortable signing off on it themselves. Following approval, the parenting plan becomes a mandatory visitation order that both parents can be held in contempt of court for violating.
When custody arrangements are requested through the courts, judges must consider the best interests of the child above all others. Although courts are less inclined to automatically award sole custody to either parent, mediation requirements can allow them to avoid contentious courtroom battles. Many courts require mediation between parents unless there is clear evidence that disputes between the couple are too dangerous for children. Complex factors are considered when determining the custody arrangement that will be put in place, including: Custody and child support arrangements can be relatively straightforward or complex, but it is usually in a family’s best interest to resolve such problems well before the divorce is even finalized, as children will always benefit from knowing that their time with either parent is protected by the court system and cannot be easily taken away.
Making the Lifestyle Changes
Just when you think you have all the answers, you run into unknowns. That saying is especially true when it comes to post-divorce adjustments. A divorce settlement brings to an end a long process, but it does not bring an end to all of the uncertainty. Even with all of the advice, suggestions and input from friends and relatives, a divorce settlement ultimately brings a major change to your life, and adapting to those changes can be difficult. Every aspect of your life can be affected in some way.
For the majority of people, financial matters will be the initial adjustment after a divorce. Paying for two residences, when necessary, was often accomplished during the marriage on one income or from two incomes. After a divorce settlement, you may only have one income.
If you are receiving child support or alimony, you may be struggling to balance payments of your own bills and expenses along with your required child expenses payments, if any. You need to begin with a budget that advises on your earnings and expenditures. A good piece of advice is to maintain a separate checking account into which you deposit all of your monthly dividends, alimony, child support, bonus and tax refund payments, and then finance all of your personal and household expenses from that account. You must decide how to manage those funds.
There will likely be changes to your home as well. Few people are able to keep their marital home after divorce. You may need to sell your home and buy a new one. You will need to decide immediately how you will proceed. Will you give up some of your financial and physical space and consolidate? Will you rent for a while? Do you need someone to assist you in finding a more affordable home? What if your new abode requires renovations?
Your relationships with your family and friends will change. If your spouse was a popular person, then you may no longer be invited to the parties at the same frequency. You still have friends, of course, but if you had common friends with your ex, then you may find them avoiding you and your situation.
All of these changes will take time to correct and will require careful planning. You will soon be making your own decisions once again. The divorce settlement is just the beginning.
Mental and Psychological Consequences
While the legal conclusion of the divorce may feel like the end of the road, it can oftentimes be the beginning of a new set of emotional hurdles. Once the settlement agreement is signed and terms are agreed upon, the stress of negotiating the custody of children, and split of property and other assets is no longer part of the day-to-day. However, the transition into single life can be just as stressful as the negotiations of the divorce. According to Healthline.com, some common emotional reactions to divorce include the following feelings: Sadness and grief Rather than viewing divorce as the death of a marriage, try to think of it in a more positive light. When you were married, you may have learned to tolerate behavior that you didn’t like or didn’t agree with. Now that you are divorced, you have a chance to reimagine yourself and your ideal life. Anger Some days will be better than others, but if you find yourself struggling with anger regularly, consider talking to a therapist who specializes in divorce emotions . Depression It is not uncommon for divorced individuals to experience depression, which can be characterized by fatigue, substance abuse, weight changes, or mood swings. If, over time, you experience any of these symptoms, it is important that you consult a licensed therapist or psychologist to gain control of your mental health. Anxiety Divorce can create feelings of uncertainty about your future. Simple decisions such as what to have for lunch become difficult, because you no longer have a spouse to confer with. While you regain that sense of autonomy, it is important to acknowledge that the outcome may take time. It is perfectly normal to feel overwhelmed about the smallest day-to-day choices. To avoid experiencing feelings of depression or anxiety, there are a few strategies that can help you cope: The road ahead post-divorce may seem difficult, but with the right support team in place, you will emerge even stronger than before.
Altering the Terms of a Settlement
Modification of settlement terms is permissible upon a showing of a substantial, unanticipated change in circumstances arising after a settlement agreement is finalized. A post-divorce modification request will be granted only if the moving party demonstrates changed circumstances, and the amendment sought must address a material aspect of the agreement relating to the child’s welfare (e.g., custody).
Whether or not a change in one parent’s employment status will warrant modification is largely dependent upon the circumstances of the employer and the employment. "Substantive factors" must exist that demonstrate an advance in the child’s best interests.
In making such a determination, several considerations have been identified by the courts as being of importance, including: (1) whether the new take-home pay has materially changed, (2) whether the earned income constitutes the only source of income, (3) whether any additional income available or assets are reasonably, considering the family with which the child is expected to live, for the benefit of the child, and (4) whether the employment change results in "substantive factors" affecting the child, such as improved insurance benefits or a modified parental access schedule that is in the child’s best interest.
Thus, a court must conduct a generalized assessment of some amount of the totality of the circumstances before it in order to determine how the child’s best interest may be advanced in light of the proposed modification.
Legal Representation After Divorce
Post-divorce, even when operating under a settlement agreement, issues related to the terms therein will arise. There can be disputes and when they do there is enough concern that you want to double check whether you are right or wrong. You may want an advocate. Make sure that your post-settlement battles are fought in the right arena, however, and strategy toward that end begins with the selection of your counsel. Seek out counsel to provide a legal review of the settlement agreement to identify the key points (and maybe some not too important ones) which are also likely to become issues. Going forward as you get pushed and pulled by your ex, you will know, based upon legal review, whether you are just being harassed or whether you need to begin the process of working out disagreement with your ex or going to court if you cannot resolve things.
There are also times when the post-divorce conflict may be about something unrelated to the agreement. In circumstances where it seems that the other party is acting outside of what is reasonable, a consultation with an experience divorce lawyer may bring new insights, not only into how to deal in the moment, but into what battle or battles may be around the corner. For the overly paranoid, this may be not be a good strategy. However, if you have a real fear of violence , that can be handled too and is a worthy discussion item with counsel.
Countries, states and municipalities have laws and ordinances which may affect what provisions you have in your agreement. Don’t assume that just because your ex’s house cannot be sold, with you getting paid off, without the permission of your ex that a tax has not been imposed which overrides your rights. For some states and municipalities, there may be restrictions on how income from a marital business will be classified. Don’t assume that because as of the date of your settlement agreement, you could take annual distributions from that business with minimal tax consequences, that this will continue forever.
As well, changes in child support laws, alimony laws, tax laws, or a new interpretation of the old laws, may result to the extent of your financial obligation to your ex is affected or even though your payment amount is not materially altered, that the amount is now gross rather than net or otherwise increasing your effective tax rate.
There is nothing wrong with seeking legal advice post-divorce as issues arise. Whether it be a limited scope representation or tolling the attorney-client relationship for a short period, it is a very worthwhile investment, if for no other reason than to avoid an expensive and unnecessary dispute which you reasonably could have avoided.