Implementing the Final Order

At some point, the case will be over. However, even when the judgment and decree is final, work still needs to be done. Some decree provisions require you to do something to implement them. For example, if the court has awarded you the house, you'll need to get the title transferred into your name. To do this, you get a certified copy of the judgment and decree along with a Quit Claim Deed signed by your ex-spouse, and take both these documents to your county's clerk or registrar of titles of deeds where the title transfer is processed.

If you agreed to remove your ex-spouse's name from the mortgage and take over payments for mortgage, insurance, and taxes yourself, you'll have to refinance your home. To ensure this happens, you may be directed to hold your ex harmless should you not meet this responsibility. This means you'll reimburse your ex-spouse for any and all loss or harm you may have caused her because you didn't make the necessary payments.

Though you may breathe a huge sigh of relief once the divorce is final, it's probably at this time that you'll feel the effects of prolonged stress. Your muscles may ache, you may feel sick, or you may just want to crawl in bed and stay there for the next three years. Take care of yourself both physically and mentally, and these effects will soon subside.

Suppose you got the house and your spouse got a lien against it for a specific amount. That lien will be due and payable at some point, maybe when your youngest child turns eighteen or after a set number of years. When you pay off the lien, you'll want to get a Quit Claim Deed giving you the property free and clear. If you sell the property before paying off the lien, you will have to pay the lien from the proceeds of the sale. There may also be additional paperwork that you will need your ex to sign in order to transfer the property to your name, so be sure to check with your lawyer to make sure you get all the necessary documents. When you record your new deed, there will probably be fees that you have to pay to the clerk. You may want to call ahead to make sure you have all the paperwork and the necessary funds.

  1. Home
  2. Divorce
  3. The Judge Rules
  4. Implementing the Final Order
Visit other About.com sites: