Our Favorite Part
You made it. Congratulations.
Now’s your chance to continue transitioning into a lighter, happier and healthier self. We’ve compiled resources written by some of our favorite coaches, therapists, and cheerleaders. Some of them we’ve linked to below. Browse our Lifestyle section when convenient and remember – be kind to yourself.
Divorce does not mean failure. In our decades of experience, we’ve been inspired by thousands of people who have ended their marriages and not just lived to tell about it, but thrived. We hope that you celebrate yourself and are optimistic about your journey to the next version of yourself.
You Got This!
Sorry to be the bearer of bad news, but it’s possible that there will be legal issues post-divorce.
These might come in two varieties (see below). Don’t worry, handling these will be nothing compared to actually getting the divorce.
Have circumstances changed since your Divorce Judgment was filed?
Perhaps your kids are older now and shuffling back and forth between houses every two days is no longer practical or desirable. Or perhaps your ex got a huge raise. Maybe your kids “aged” out and you want to know whether spousal support should change.
Depending on the terms of your Judgment (or Marital Settlement Agreement) and relevant California law (for example, child custody and child support terms are almost always modifiable), one of you may seek to amend a term of your divorce, post-Judgment.
If you and your ex-spouse have an agreement, modifying your Judgment is no sweat. Prepare a Stipulation and Order (or have one of our legal professionals help draft the paperwork for you), date, sign (in front of a notary) and file with the Court. You’re a pro at all that by now, anyway.
If you are unsure if modification is appropriate or you want to know whether you have any legal leverage, consider scheduling a session with an experienced LFLG lawyer to find out if you (or your ex) has a strong claim and what your next steps should be.
Quick Tip: Modification of your Divorce Judgment is not a do-over. If you are unhappy with the terms of your Divorce Judgment, first determine if California law or the provisions in your Judgment or Marital Settlement Agreement are modifiable. If they are, great (but note that there may be some limitations). Most property orders (including equalization payments) cannot be modified unless the Judgment specifically provides they can be and/or there has been some kind of fraud (for example, your ex-spouse did not disclose some or all of their marital assets). But note that there’s probably a time limit on when you can act on this, so if you suspect foul play, move quickly!
Assuming one or both of you have decided to proceed with modification and negotiation and/or mediation has not been successful, we can help. Use our templates and/or videos from Step 2 to guide your preparation of a Request for Order (RFO). But one word of caution – some post-judgment RFO’s must be served in person (instead of by mail). Confused? The Hello Divorce team is standing by to help you.
If your ex is not complying with the terms of your Judgment and/or Marital Settlement Agreement, you may have to take steps to enforce. Common issues that (unfortunately) come up include (but are not limited to): failure to pay child support, equalization payment or spousal support; failure to sell an asset as planned in the Judgment; unwillingness to comply with court-ordered parenting plans; and/or refusal to transfer property that was awarded to one spouse after a contested hearing (or trial).
There are many different ways to enforce a court order. You can start with negotiating or mediating with your spouse if you think it will be helpful. If that’s not helpful, you might consider filing a Contempt action and/or a Request for Orders in court, recording a lien on your ex’s property. Depending on your jurisdiction, some methods can be more effective than others. If you need assistance with enforcement, we got your back. Schedule a 30 minute or 1 hour session with an LFLG legal coach to decide your best course. It’s a good idea to have your order, Marital Settlement Agreement, or judgment that you want to enforce ready to email before your the call or video conference.