On any trip, once you have decided where you are going, you then assemble what you need to take, and decide whether you’ll need a guide to steer you in the right direction. Some gear you already have, but some you do not. For the gear you do not have, choosing what you’ll need requires research into options for the best gear, given your particular situation and requirements. Do you and your spouse speak the same language or will you need an interpreter? Can you manage the economic and psychological terrain yourself, or will you need a guide? The type of guide is important and will depend upon the difficulty of the trip and your familiarity with the territory. If you are researching divorce and not sure where to get started, visit our resource pages at http://www.peace-talks.com/resources.php.
What is Divorce?
Divorce is a full and final settlement of your property and money issues. A divorce also resolves custody and access to both parents for children. Typically divorce judgments stand as final decrees, meaning that they cannot later be modified except under special circumstances. Those parts of the decree pertaining to children will always be modifiable as the circumstances change for the children. It is extremely unusual for property decisions to be revisited by the court.
The only situations in which the property divisions will not be final are: (1) either or both of you have made a fraudulent misrepresentation about your assets, in which case the judgment may be reopened; (2) the case is appealed and is remanded for a new trial, which only happens if the judge made a serious error; or (3) you and your spouse specifically reserve the authority for the court to reconsider an item in the divorce at a later time. Examples of when the court may retain authority are: to review a qualified domestic relations order for division of pension assets, or for disputes which may arise in connection with the sale of a home. In order for the court to retain jurisdiction over these matters, the judgment must specifically delineate that these matters may be revisited. If it does not say so, the court will not retain jurisdiction and settled matters are permanent. If you are looking for a good book about divorce, see http://www.peace-talks.com/books.php.
At the end of a divorce, your marriage is dissolved, and you are free to remarry.
Excerpted from Your Divorce Advisor: A Lawyer and a Psychologist Guide You Through the Legal and Emotional Landscape of Divorce (Simon & Schuster/Fireside 2001). For more information: http://www.yourdivorceadvisor.com/.
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