Divorce: It’s Time to Review Documents

Adivorce--lawyers in California call it a dissolution --can be a rather strenuous and emotional experience, to say the least.

It can also be a major legal headache, often being the only time that many people encounter the court system or lawyers.

The legal issues involve property division, support money and, if there are children, custody and visitation rights.

There are, however, a number of other legal ramifications that arise at the time of, or after, the divorce that deserve special attention.

Here are some to consider:

* Wills. You may have made a will at a time when the marriage seemed that it could never end. Things are different now. Chances are that you named your spouse as executor of the estate. You’ll probably want to name someone else to serve in that important capacity.

Also, you may want to change the people who are to receive gifts. Maybe your wife’s favorite charity is no longer one you want to support. You can make the changes, with the help of a lawyer, with a codicil--the legal document that amends the will--or by preparing an entirely new will.

* Living trust. You may have chosen to use a living trust instead of a will. You’d better review that document. Usually the living trust is prepared so that it is revocable and can be changed. Consider what changes, if any, you would like to make. You may need to start over with a new trust document.

* Life insurance. Chances are that you named your spouse as the beneficiary of your life insurance policy. If you continue the policy, you should review it. Except in rare instances, the beneficiary can be changed relatively easily.

However, if the policy is owned as community property, making the change may be a bit complicated. Sometimes you may need to split a single policy into two equal policies: you will then have one and your spouse will get the other.

* Power of attorney. You may have created a durable power of attorney to give your spouse authority to supervise your financial assets in your absence or in case of your incapacity. Or you may have signed a durable power of attorney for health care that appointed your spouse as the person to make medical decisions for you if you are unable to. In both cases, you may want to reevaluate that choice and sign new documents.

* Ownership. In the usual course of a divorce proceeding, you will ordinarily review ownership of bank accounts, real estate and other assets. You will be changing the way property is owned. So you may need to establish new accounts at banks and other financial institutions.

* Pensions. Be sure to review your pension or profit-sharing plans if you have them individually or at the office. These items usually come up in discussions of division of property along with other ownership issues.

* Place of residence. Either you or your spouse or both of you will probably move out of the house after the divorce. That means a new legal residence for one or both of you. Be sure to register to vote at your new residence and change your address for other official records, like your driver’s license.

* Credit cards. Of course. There’s no secret here, but some people have credit cards in the names of both spouses. You’ll want to straighten that out so that you won’t be surprised by a bill for your spouse’s Hawaiian vacation.

* General insurance. Ah, yes, that too. Give your insurance policies a good look-see. Make sure you are covered during and after the divorce.

After the divorce, when things settle down, take some time and review all these issues and your property holdings to make sure that everything is in order. If you are represented by a lawyer, you may want to review all of this together before you move on with your new life as a single person.

Klein is an attorney and president of The Times Valley and Ventura County Editions. Brown is professor of law emeritus at USC and chairman of the board for the National Center for Preventive Law. They cannot answer mail personally but will respond in this column to questions of general interest about law. Do not telephone. Write to Jeffrey S. Klein, The Times, 9211 Oakdale Ave. Chatsworth CA 91311.