What Things Not To Overlook In A Divorce Settlement

Hey folks, Mark Scroggins with Scroggins Law Group back here to answer a bunch of q&a that we get from a lot of people aside from just in the reclamation transformation. So one thing here comes to disclaimer, anything that I answer in response to these questions, because it’s not create an attorney client relationship between me and anybody out there, or SLG, collectively, that Scroggins Law Group, and anybody out there either these are merely being answers to questions that are things you need to know, before you go in and talk to a lawyer about whatever family law issue you have.

Okay, so with that, let’s get started on our questions today. Number one, what are the things not to overlook in a divorce settlement? So generally, the the main thing is looking at every single thing you own needs to be addressed in a final divorce decree that includes separate property. So it needs to reaffirm something as your separate property and it needs to divide all community property.

The second part is with child custody. Okay, and so child custody need to deal with conservatorship, possession and access, child support. Additionally, you need to look at is there spousal maintenance or not? Are there business interests? Are those business interests divided? Do you have property in foreign jurisdictions? If so, have those been divided? So basically, you need to make sure that everything has been dealt with.

So the follow up question to that is, if we didn’t handle everything in the divorce decree, is there a remedy for that? And there absolutely is. It’s called a petition to divide undivided assets. Okay. So if you didn’t handle something, or if you didn’t find out about something until later, can you divide it? Absolutely.

Now, a lot of the time in a divorce decree, you have a provision to prevent fraud that says, if there is any undisclosed assets, so perhaps any undisclosed asset from your inventory and appraisement that was filed in the divorce proceeding, a lot of the time there’s a provision that says it goes to the party not in possession of that asset. So what is the lesson to take away from this if you’re sitting on a bunch of gold bars disclose that shit? Otherwise, it’s going to your former spouse.