Divorce, Family Law

5 Things Commonly Overlooked in a Divorce Settlement

Divorce laws in the state of Utah allow either party to appeal decisions made by the presiding judge if they think he has made a legal error. However, appeals must be filed within 30 days of the divorce decree entry or the decision stands as a binding decision. Unfortunately, divorce is an emotionally and financially devastating event that impairs the ability of soon-to-be ex-spouses to think rationally and clearly about all aspects of the divorce. Consequently, important items are typically overlooked in a divorce settlement that only exacerbates the anger and resentment felt by a divorcing couple and leads to a continuation of a legal matter that should have been finalized in one court session.

5 Things Commonly Overlooked in a Divorce Settlement

  • 1.How debt obligations are distributed–even though a divorce decree may stipulate that one spouse is supposed to take care of a Visa bill, that doesn’t mean the other spouse won’t get stuck paying the bill. Credit card companies don’t care about divorce settlements–all they care about is whose name is one the credit card. If your name is on the credit card bill and your ex-spouse doesn’t pay it, the credit card people can sue you for payment.

  • 2.Don’t make the mistake of thinking that a divorce covers all matters automatically–for example, if you listed your spouse as a beneficiary on a life insurance policy, wills or 401K, divorcing that spouse doesn’t mean his or her name is magically removed from the policy. You will need to contact the appropriate entities and make sure the change is officially made.

  • 3. Child visitation details–one of the most common sources of contention after a divorce is visitation problems resulting from clarifying details in the divorce settlement. Summer vacations, holidays, birthdays and other special events need to be included and specifically delineated in the divorce papers to avoid future confrontations.

  • 4.Medical and dental concerns–if two parents with healthy, active toddlers divorce, chances are they aren’t thinking about the possibility that one or both may eventually need extensive dental work, such as braces, wisdom teeth extractions, etc. Not all health insurances pay for expensive orthodontic work, especially if it is for cosmetic reasons, so make sure to stipulate which non essential medical and dental bills, and how the cost is to be shared.

  • 5.College expenses and tuition for the children–yet another item younger divorced couples forget to include in their settlement that sometimes leads to one ex-spouse suing the other in civil court. Although college expenses can be addressed through financial aid (if the student is eligible) and private loans, attending college incurs various out-of-pocket expenses that will need taken care of by one or both parents so that the child can earn a degree.

Enlist the Assistance of an Experienced Utah Divorce Lawyer

Don’t let strong emotions prevent you from finalizing an acceptable and comprehensive divorce settlement. Make sure you and your children’s best interests are legally prioritized by contacting a divorce attorney who can protect you from suffering future financial and emotional problems.