Regardless of whether you have minor children, your Judgment of Divorce provides the guidelines of your future. If done properly and with forethought, the Judgment of Divorce can prevent future litigation, stress and expenses. I cannot express the importance of a proper judgment, and this Blog cannot possibly address all of the pitfalls of self-representation.
One problem area is property division. Property agreements are final and binding at the time of your divorce, so it is very important to address all of the issues and include the necessary protections. For example, many mortgage's are higher than the house value. This makes it difficult for people to refinance the marital home into a single name. So now what? The person that you are divorcing (i.e. the relationship has broken down) is awarded the home, and you have to trust this person to continue to make the payments in a timely manner? If both of your names are on the mortgage, then you both are on the hook to pay. If a foreclosure takes place, then you will both be sued, and you will have to seek payment from the other to reimburse you. Or you agree to sell the house for potentially less than the mortgage, and you are both responsible for the deficit? These are tough areas to sort through, but the Judgment can provide certain guidelines that must be followed to protect you.
Also, if you have minor children, then the final judgment must be precise. Numerous factors are included (custody, child support, parenting time, child care, extracurricular activities, schooling, church, tax deductions, etc.), and must be expressed with language that leaves no room for misinterpretation. This will prevent future litigation and expenses. Also, reasons may be included in the judgment. For example, one party may have more parenting time than the other because of his/her current work schedule.
A simple judgment may get you divorced, but it probably won't provide you with the necessary protection.
Contact Torni Gaudenzi Law, PLLC at 248.702.5303 or online for a free consultation.
Also, if you have minor children, then the final judgment must be precise. Numerous factors are included (custody, child support, parenting time, child care, extracurricular activities, schooling, church, tax deductions, etc.), and must be expressed with language that leaves no room for misinterpretation. This will prevent future litigation and expenses. Also, reasons may be included in the judgment. For example, one party may have more parenting time than the other because of his/her current work schedule.
A simple judgment may get you divorced, but it probably won't provide you with the necessary protection.
Contact Torni Gaudenzi Law, PLLC at 248.702.5303 or online for a free consultation.
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