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Five Things That Can Fall Through the Cracks in Divorce

Getting divorced can be a long and arduous process for both parties. The decree of dissolution divorces the parties, but still leaves many things left to do. The dissolution is a shift in the relationship between the parties, but not the end of the relationship all together. There is still communication that needs to happen. Sometimes important matters are forgotten or postponed, causing small to major problems in the future. Here are some common examples:

QDRO

In dividing marital property, the retirement accounts of one or both parties may have been divided by agreement or the Court. To achieve this division, a QDRO (Qualified Domestic Relations Order) is drafted and submitted. If this is not done timely or correctly, it may cause the part(y/ies) to lose their interest in these funds.

 Quitclaim Deed Prepared and Recorded.

 When the marital residence is divided to one party or the other (if not sold), if both parties names are on the deed, generally there is a provision that the party not remaining in the residence will quitclaim their interest (sign over interest to take name off of deed). If this is not done, the title may be clouded and present future problems to transfer.

 Motor Vehicles Refinanced or Title’s Signed Over.

There are similar issues with car refinance and auto insurance. If the car set aside to one party remains with the loan in the names of both parties, and the driver does not pay, it may hurt the credit of the other party. Also, with insurance, the party without the car may still be liable if not properly removed.

Name Change

If the wife’s maiden name is restored as part of the dissolution, getting all of the relevant documents changed should be completed as well.

COBRA Elected and Implemented. 

In a dissolution, one party may be covered by the others COBRA insurance  coverage until they can get their own insurance. After divorce, employer-based insurance will not cover the ex-spouse. COBRA can last for 18-36 months depending. If this is not maintained properly, it could terminate the health insurance for the ex-spouse, causing potentially major issues regarding medical bills.

We hope that this blog post has been helpful in exploring some matters that continue after divorce, and may require continued communication between divorced spouses after the divorce is completed. This blog post is not intended as legal advice. Ciyou & Dixon, P.C. practices throughout the state of Indiana. This blog was written by attorney, Jessica Keyes.

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