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Finalization of Divorce and Legal Action to Take

Avik Chakravorty

At some point in time during one’s marriage wrangles and discords may arise and they may escalate to such an extent that it’s irreconcilable. Couples can opt for either mutual consent divorce or contested divorce where a divorce petition is filed by a spouse and the other spouse becomes the opponent party.

 

After reviewing and considering the facts and situations stated in the divorce petition and only after the court is convinced that the marriage cannot be salvaged or revived is a divorce granted. Although, the legalities regarding divorce does not end just yet.

After the court finalizes the divorce there are some after-divorce formalities that both parties are required to follow. An after-divorce formality is comprised of legal steps supporting the court’s granting of the divorce. A comprehensive list of things to do once the court has granted the divorce are as follows:

1.   Split all properties according to the decree of divorce

2.   Petition/pray for child custody through a child custody lawyer

3.   Petition/pray for the maintenance

4.   Any outstanding debts or loans in the name of any of the parties ought to be removed as after the divorce paying them off is not the divorcee’s responsibility anymore

5.   Should the ex-wife revert to her maiden name after the divorce then all creditors ought to be informed of the name change

6.   If ex-spouses have joint bank accounts and checkbooks then the name on the account ought to be changed to the ex-wife’s maiden name or better yet, a new account with the ex-wife’s maiden name should be opened

7.   Request for an address change on joint bank accounts and checks

8.   If permissible under the divorce decree, the beneficiary on life insurance policy ought to be changed

 

Change Your Name Officially

An official surname change to maiden name is a part and parcel of a divorce. Speaking to divorce lawyers in India about name changes at the outset is advisable so that the ex-wife can get her name changed seamlessly. The passport office, driver’s license office of the state, banks and so on ought to be informed about the name change.

  

Get ready for a Restraining Order

If it’s contested divorce chances are the ex’s may be antagonistic towards each other. In such cases, to protect oneself a restraining order against one’s ex-spouse is crucial. The content of a settlement agreement though is comprehensive in the sense that occurrences of such eventualities have been alluded to. Therefore, violations would be tantamount to contempt. There aren’t any records or the events aren’t documented with police reports, photographs and receipts in most cases. Confrontations ought to be documented with times and dates and the police informed of any unsavoury encounters. Preparing for such occurrences in advance would ensure that an ex-spouse is well-protected against the other aggressive ex-spouse.

 

Enforcement of the Divorce Decree

Oftentimes ex-spouses delay in delivery of property or there is no cooperation in executing the decree. It’s even more complicated if the property happens to be in a different state. Luckily, one need not execute a divorce settlement singlehandedly. Moreover, any other state would validate the divorce decree. Requesting enforcement requires the filing of a contempt case which is inherently complex. Ideally, any of the divorce lawyers in India ought to be consulted to be aware of the pros and cons. Contempt is a costly affair and should be avoided. A lawyer’s “warning letter” is a better option for avoiding a contempt case.

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