NM Divorce & Custody Law, LLC After You Reach Settlement

After You Reach A Settlement

You’ve gone through mediation or Settlement Facilitation. You reached a settlement with your soon-to-be-ex. You think you’re done and want to celebrate. Sorry to burst your bubble, but there’s still a long road ahead of you.

Post-Mediation or Settlement Facilitation Pleadings

If you settled your case at mediation or Settlement Facilitation, the next step is to draft the pleadings that memorialize the agreements reached. The four most common final pleadings are:

  • Marital Settlement Agreement (“MSA”) that addresses dividing up the property and debts, spousal support and child support. There is also a lot of language that attorneys call “boilerplate” that you should go over with your lawyer carefully. It’s like the fine print in any contract.
  • If there are children involved, the Parenting Plan gets drafted that deals with legal custody (decision-making) and visitation. Some lawyers put the child support provisions in the Parenting Plan, keeping all child-related provisions in one document; other lawyers put child support in the MSA, keeping all money-related provisions in one document.
  • Next, the Final Decree of Dissolution of Marriage is prepared, which includes the legal name change if the wife wants it.
  • Lastly, if there are pensions or 401k / 403b plans being allocated, a Qualified Domestic Relations Order (“QDRO”) needs to be prepared, sent to the Plan Administrator for review & pre-approval, then finalized and sent back for implementation. Note that government employee retirement plans and Military retirement plans have their own special forms of orders required to allocate them between ex-spouses. If there are IRAs or investment accounts (other than a pension, 401k or 403b plan), then Letters of Instruction need to be sent to the investment account holder to divvy them up.
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