Once a divorce is finalized in California, there are several important steps that follow to ensure that the terms of the divorce decree are properly implemented. Here’s an overview of what happens after your divorce is finalized:
1. Final Judgment and Divorce Decree
- Judgment of Dissolution: After all issues (property division, spousal support, custody, etc.) are settled and approved by the court, the judge will issue a Final Judgment of Dissolution of Marriage. This legally ends the marriage.
- Divorce Decree: The divorce decree outlines the terms of the divorce, such as child custody, child support, spousal support, and property division. This document is binding and enforceable by law.
2. Name Change (If Applicable)
- Name Change Request: If either spouse wants to change their name (for example, a spouse returning to their maiden name), this must be requested during the divorce process. If it was granted, the spouse can use the divorce decree to change their name on identification documents (such as a driver’s license, passport, and Social Security records).
3. Transfer of Assets and Property
- Finalizing Property Division: Once the divorce is final, assets such as real estate, retirement accounts, vehicles, and other assets must be divided according to the terms of the divorce decree. If necessary, property titles and deeds will be transferred.
- QDRO: If there are retirement accounts to be divided (e.g., 401(k), pensions), the court may issue a Qualified Domestic Relations Order (QDRO), which allows for the division of these accounts.
- Transfer of Ownership: If there are joint accounts or real property, ownership will be transferred as dictated by the final judgment.
4. Child Custody and Visitation
- Parenting Plan Implementation: If the divorce involved children, the final judgment will outline the child custody and visitation arrangements. Both parents must adhere to the terms for joint or sole custody and the visitation schedule.
- Parenting Time: The visitation schedule, including holidays, vacations, and regular visitation, will start after the divorce is final.
5. Child and Spousal Support
- Child Support Payments: If child support was ordered, the noncustodial parent will be required to make monthly payments. The court may also set up a wage garnishment through the California Department of Child Support Services (DCSS) to enforce child support payments.
- Spousal Support (Alimony): If spousal support was ordered, the paying spouse must follow the terms of the alimony agreement. This could involve periodic payments for a set duration, depending on the terms of the divorce.
- Modification of Support: Either party can request a modification of child or spousal support if there is a significant change in circumstances (e.g., job loss, health issues, or a substantial increase in income).
6. Tax Considerations
- Tax Filing Status: Once the divorce is final, both spouses will need to file their taxes separately. If you were married for part of the year, you may need to file as “Married Filing Separately” for the year your divorce was finalized.
- Tax Implications of Alimony: For divorces finalized before 2019, alimony payments are tax-deductible for the payer and taxable income for the recipient. However, for divorces finalized after 2018, alimony is no longer tax-deductible for the payer, nor is it considered taxable income for the recipient, due to changes in tax law under the Tax Cuts and Jobs Act.
- Child Tax Benefits: Child tax benefits, such as the child tax credit and dependency exemptions, must be allocated in the divorce agreement. Typically, the parent with primary custody can claim the child on their taxes, but this can be modified with an agreement.
7. Enforcement of Divorce Terms
- Court Orders Enforcement: If either spouse fails to adhere to the terms of the divorce (such as failure to pay support or abide by custody arrangements), the other spouse can seek enforcement through the court. Enforcement may involve wage garnishments, fines, or other penalties.
- Post-Divorce Modifications: Either party can seek a modification of the divorce terms if there is a substantial change in circumstances. This might include a change in child custody, child or spousal support, or visitation arrangements.
8. Emotional and Practical Adjustments
- Emotional Adjustment: After the divorce is final, both spouses may go through an emotional adjustment period as they move on with their lives. Therapy, counseling, and support groups can help manage the emotional aspects of this transition.
- Co-Parenting: If children are involved, co-parenting may require time and effort to create a new, cooperative relationship focused on the well-being of the children.
- Social and Lifestyle Changes: Both individuals will likely face changes in their lifestyle, social circles, and living arrangements. These transitions can be difficult but are part of moving on after the divorce.
9. Finalizing Legal Documents
- Updating Documents: After the divorce, you may need to update various legal documents:
- Wills and Trusts: You may need to revise your will, living trust, or estate plan to reflect your new status and ensure that your assets are distributed according to your wishes.
- Beneficiary Designations: Update beneficiary designations on life insurance policies, retirement accounts, and bank accounts to remove your ex-spouse if necessary.
- Insurance Policies: If your ex-spouse was previously listed as a beneficiary or covered under your health insurance, those documents will need to be updated.
10. Moving Forward
- Moving On: Once the divorce is final, both parties can move forward with their separate lives. This could include new relationships, career changes, or personal goals. Both individuals are legally free to marry again after the divorce is final (as long as there is no legal separation requirement or waiting period imposed by the court).
- Post-Divorce Counseling: Some individuals find it helpful to seek counseling after the divorce to deal with any emotional issues, particularly when co-parenting or adjusting to a new lifestyle.
Conclusion
After your divorce is finalized in California, it’s essential to carefully follow the terms laid out in the final judgment. This involves implementing property division, adhering to child custody and support orders, and managing any necessary financial or legal updates. Make sure to consult with an attorney if you need clarification on your responsibilities or if you need help enforcing or modifying any part of the divorce decree. Moving forward, both spouses will need to adjust to their new lives, and proper organization and adherence to the judgment will ensure that this transition is as smooth as possible.
