Laurie Schmitt Family Law

W. Michigan family law specializing in Collaborative Divorce

616.608.4634

Judgment of divorce

What Is a Judgment Of Divorce

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A Judgment of Divorce is the legal document that finalizes the divorce process. It is the written court order that formally dissolves the marriage. 

WHAT DOES A JUDGMENT OF DIVORCE CONTAIN?

The Judgment of Divorce contains the terms of the judge’s ruling after trial on all aspects of the divorce, or the specific terms of the of the parties’ agreement. A Judgment of Divorce contains pertinent information as follows:

Divorces with minor children:

Judgment of Divorce
  • Custody
  • Parenting time
  • Holiday parenting time
  • Telephone contact
  • Extracurricular activities 
  • Any miscellaneous provisions specific to the parties
  • Child support
  • Health insurance
  • Residency (100 mile) Rule
  • Change of Domicile Rule
  • Hague Convention 
  • Income Tax Exemptions

All divorces (with or without minor children)

  • Vehicles
  • Personal property
  • Bank accounts
  • Retirement accounts
  • Real property
  • Debts
  • Restoration of maiden name
  • Other statutory provisions

WHAT IF THE TERMS OF THE JUDGMENT OF DIVORCE ARE NOT FOLLOWED?

A Judgment of Divorce is a court order and therefore both parties are bound to its terms and required to follow its provisions. Failure to follow the Judgment of Divorce may lead to court-imposed sanctions. 

WHAT IF THE JUDGMENT OF DIVORCE NEEDS TO BE MODIFIED?

A modification can be achieved two ways. 

  1. The parties come to an agreement, that agreement is reduced to writing through a stipulated order, and presented to the judge for signature.  
  2. One of the parties files a motion, a hearing is set, and the judge makes a ruling on the matter. There are times when the issue requires an additional hearing called an evidentiary hearing. If the judge believes an evidentiary hearing is required, a date will be set by the court wherein testimony will be taken, and the judge will rule on the matter.

Experienced Divorce Attorney

If you need to know more about a Michigan divorce, including how to file for a divorce, contact an experienced attorney, Laurie Schmitt at Schmitt Law, PLLC.  We look forward to speaking with you and being your advocate during this crucial time in reframing your life. Call Schmitt Law, PLLC at (616) 608-4634 or contact us online to arrange a consultation.

Your Judgment of Divorce has been signed. BUT… have you finalized the details?

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Your Judgment of Divorce has been signed. BUT… have you finalized the details?

So, you are officially divorced! Have you taken care of all of the “details”? You ask, “what details”? If you have recently finalized your divorce, there are important matters that need to be addressed to wrap up your divorce. Just remember, details matter!

Now that the divorce is complete you should review the following list of items that should not be overlooked after your divorce:

  1. Check all of your health, life, disability, auto, home, insurance policies to make changes in coverage or name different beneficiaries as might be appropriate.
  2. Check all of your IRA’s, SEP’s, 401K’s, profit sharing, retirement accounts, or other retirement and/or pension plans to make changes in coverage or name different beneficiaries as might be appropriate.
  3. As to medical insurance (COBRA) coverage for yourself, or health care insurance coverage for your children which is to be carried by your former spouse, you should follow through on checking with the appropriate person to make sure that forms have been filled out and that you or the children are properly covered.
  4. If the Judgment of Divorce requires your former spouse to maintain life insurance to secure any of the provisions within the Judgment of Divorce, Michigan Law requires that you follow-up in writing with the life insurance company. You will be required to supply them with a copy of the Judgment of Divorce or a letter outlining your former spouse’s obligations under the terms of the Judgment of Divorce, and clearly indicate that the policy is to be maintained as required by the Judgment of Divorce. Again, this must be done in writing, otherwise the insurance company may be able to avoid their liability.
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  1. You should check the titles to all of your property and make sure they correctly reflect your name as required by the Judgment of Divorce. Or, you need to sign any papers necessary to have your name removed from the title of property as the Judgment of Divorce may require.
  2. As to any pension, IRA, or other retirement funds to which you are now entitled under the Judgment of Divorce, you should make contact directly with the pension plan administrator to make sure that the Judgment of Divorce has been complied with, and that the funds have been appropriately transferred as the Judgment of Divorce requires.
  3. If you have a Will, you need to review it for appropriate revisions. If you do not have a Will, now would be a good time to make one.
  4. You need to review your tax withholding and/or your estimate tax payments for any necessary adjustments which may need to be made a result of funds you receive under the Judgment of Divorce, or to reflect your new single status.

Laurie Schmitt of Schmitt Law, PLLC is a West Michigan family law attorney specializing in collaborative divorce as well as separation, divorce, child custody and support, paternity, and other family law litigation. She is licensed by Michigan State Bar and the U.S. District Court for the Western District of Michigan, and has extensive advanced training in divorce mediation and collaborative divorce. Contact Laurie at (616) 608-4634 for a confidential consultation.