This document summarizes important information clients need to know before and after a final decree of divorce. It discusses the effects of a final decree such as dissolving the marriage and terminating marital property. It also outlines key items included in most final decrees like children, property division, debts and name changes. The document emphasizes that clients should understand these issues before signing a final decree and notes important actions clients must take after, such as changing beneficiaries and accounts.

1. “What You Need to Know
Before and After the Final Decree”
Presented By:
Texas Advanced Paralegal Seminar (TAPS)
October 3 – 5, 2012
Crowne Plaza Hotel, 14315 Midway Road, Addison, TX
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2. After litigation of the case, the informal
settlement agreement (ISA), the
mediated settlement agreement (MSA)
and/or the Judge’s ruling from the
bench, it is now time to document the
agreements and/or rulings into a final
document called…
Final Decree of Divorce
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3. What you need to
know BEFORE the
Final Decree…
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4. Effects of a Final Decree of Divorce
(1)Dissolution of Marriage
The primary effect of a divorce decree is to terminate
the marriage and restore the parties to the status of
single persons.
In addition, a dissolution of marriage has a number of
other immediate effects, including the following:
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5.  Establishing that the parties were in fact married prior to the
divorce, which is especially important in the case of an informal or
common-law marriage.
 Ending the marital community.
 Voiding all provisions in a spouse’s will that purport to be in favor
of the other spouse.
 Disqualifying the parties from the tax advantages available to, and
relieving the parties from the tax burdens placed on, married
persons, generally beginning with the year of divorce.
 Destroying the parties’ respective privileges to keep each other
from giving adverse testimony in criminal prosecutions occurring
after the divorce. Interspousal communications made during the
marriage, however, remain privileged in both civil and criminal
cases.
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6. Basic Items in a Final Decree of Divorce:
 Appearances
Petitioner/Respondent
 Record of Testimony
 Jurisdiction
 Children of the Marriage
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7.  Grounds for Divorce (Section 6.001)
Insupportability
Cruelty
Adultery
Abandonment
Living apart
Confined in a mental facility
Conviction of a felony
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8. • Property and Debts
Husband’s Separate Property
Wife’s Separate Property
Husband’s Community Property
Wife’s Community Property
Husband’s Debts
Wife’s Debts
• Name Change
 Court Costs
 Attorney’s Fees
 Other Orders
 Signatures
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9. Name Change
A lot of client’s are unsure about a name change
during a divorce proceeding. You must advise your
client’s that this is their one chance, their “get out of
jail free card” for changing their name.
If they decide later to do a name change it will
cost them!
We will re-visit this Name Change in further detail
after the divorce decree.
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10. Health Insurance
Depending on who your client is, you may need to
address the issue of health insurance.
A client with health issues that is relying solely on
their spouses health insurance for coverage may
need to consider asking for additional support to help
cover the costs associated with COBRA.
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11. Property Division – Although the most broad portion
of the decree, this can also be the most problematic.
A few words of wisdom…
Divide what you can ahead of time!
Personal property items (i.e. knifes,
forks, you know, the important stuff!)
Gifts and furniture items
Cell phones
Etc…
Document ALL pick-ups!
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12. DEBT
Before your client signs the final decree of divorce,
you should advise them to research each and
every account that the decree references no matter
if that account falls under the “Husband” or “Wife”
section.
 Who’s name are the accounts under?
 Consider refinancing jointly held debt.
 Liquidating assets to re-pay the debt such as the
car, house, real property, 401(k).
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13. Deeds
 Special Warranty Deed
Use legal descriptions in your decree as your
decree can be used to transfer title in some
instances.
 Deed of Trust to Secure Assumption
 Owelty Lien
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14. QDRO’s
What is a QDRO?
Qualified Domestic Relations Order
The first step in preparing a QDRO is to contact the
plan administration for a sample QDRO.
Once you have drafted your QDRO, send back to
the plan administrator for pre-approval to avoid
future problems.
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15. Vehicle(s)
A POA will be needed to transfer title on a
vehicle in the other spouses name or a vehicle in
both spouses name.
An Assignment of Interest will be needed for
the purposes of a leased vehicle.
Not getting these documents signed before
the signing of the decree can cause your client
unnecessary headaches in the future!
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16. Children
Withholding Order – you want to make sure your
client understands when the actual Order will take
affect.
Visitation schedule – Visitation, especially summer
visitation, can be very confusing for clients, make
sure they understand BEFORE signing the decree.
Taxes – You may want to speak with your clients CPA
before the decree is final, it could save them
money!
Mediation Clauses – Beneficial for some, NOT for
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17. AFTER the Final
Decree - this is when
the REAL work begins
for your client!
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18. Child Issues
Your client should immediately notify schools or
day care facilities of any changes in the pickup or
delivery schedule and whether there are any
changes in who has authority to pick up the child.
Your client should advise the school if there are
any changes of address or telephone number for
either party so that each parent will receive notices,
mailings, and reports.
If any of the events occur as set forth in the
decree to require the notifications also listed in the
decree (such as change of address or employment),
your client should make the required notifications
immediately.
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19. Properties Awarded in the Decree
Your client will need to record any documents
necessary to transfer title into their name. Your client will
also need to contact the holder of the mortgage to make
certain all escrow deposits and any other benefits (such
as private mortgage insurance) accruing from their
ownership of the property are also transferred into their
name.
You should have secured a power of attorney on
the vehicle[s] awarded to your client. Your client should
take this power of attorney, the title[s] to the vehicle[s],
and evidence of liability insurance to the auto registration
office to have the title[s] changed to their name.
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20. If your client was awarded a portion of a retirement
plan, they will need to submit to the plan administrator
the necessary qualified domestic relations order
(QDRO) to transfer their portion into an account solely
in their name. Once the QDRO has qualified with the
plan requirements, the plan administrator will send
certain documents directly to your client. Your client
may wish to seek the advice of a financial planner or tax
advisor to determine whether they should roll the
account over into another type of plan.
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21. Health Insurance
If your client had health insurance under their
ex-spouse's group employment insurance, they have
the right under federal law to convert their coverage
into their name in accordance with COBRA. Your
client only has thirty days, however, from the date the
decree was signed to give notice to their ex-spouse's
employer and insurance company that they are
making that election. They must do so within the
thirty-day period, or they may waive their ability to
have this coverage.
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22. Address and Name Changes
If your client’s address has changed or if their
name was changed in the decree, they will need to
contact the following to determine what they need to
do to change their information on their records:
 Department of Public Safety Driver's License
Division;
 Social Security Administration;
 Credit card companies;
 Insurance - vehicle, home, life, and so forth;
 Internal Revenue Service;
 Mortgage holders;
 Utilities on residence;
 State licensing agencies;
 Credit Reporting Agencies. What You Need to Know Before and After
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23. Basic Post Divorce Estate Planning
New Will
Your client will need to have a new will prepared to
make certain the people they want will receive
properties owned by them in the event of their
death.
Because a will may not affect certain assets
(retirement plans, financial accounts, and life
insurance), your client will need to contact the
companies through whom they have those assets
and sign whatever documents they require to
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24. Changing Beneficiaries
Your client should review the payee of the
survivor benefits under their 401(k) or other
retirement plan. Sometimes the grant of a divorce
will not have the effect of changing the
beneficiaries.
Contact the insurance companies on any life
insurance policies your client received or policies
covering any asset they received (house, vehicle,
and so forth) to make certain all transfer and other
forms have been signed to properly effectuate the
intent of the decree.
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25. Financial Accounts
Specifically in connection with financial accounts
that were awarded to your client (bank accounts,
individual retirement accounts, stocks and bonds,
and so forth), they will need to contact the financial
institutions holding those accounts and follow their
advice to make certain their ex-spouse's name is
not on the accounts and that their ex-spouse has
no authority over the accounts.
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26. Miscellaneous Items for clients:
Change any computer or phone passwords to
ensure Internet privacy.
Contact a certified public accountant,
accountant, or other person to make certain your
client has everything from the divorce proceeding
that they will need for preparation of their next tax
return and to make certain they take whatever action
may be required that will be necessary or that may
benefit them in the payment of taxes.
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27. In some instances, your law firm may hold
certain originals or copies of documents in
connection with your client’s case. Call to set up a
time for your client to pick up any documents they
want to keep. Advise your client that your firm will
retain their file for however long, after which it will
be destroyed.
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28. Conclusion
Surprisingly, most law firms do not take the time or effort
to consider a majority of the items we discussed today. I
believe this to be an incredible disservice to the client and
can cause unnecessary headache for the client who is
already going through an extremely difficult time.
Presentation written by:
Gary Ashmore, Attorney at Law
Amy Tarno, Paralegal
The Ashmore Law Firm
3636 Maple Avenue
Dallas, Texas 75219
214-559-7202
www.ashmorelaw.com
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30. “This material is a publication of The Ashmore Law Firm, P.C.
and should not be construed as offering legal advice. This
material is not a privileged communication and does not create
a lawyer-client relationship.”
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