Post-Dissolution Disputes Involving Neglected Assets and Liabilities

In addition to the tasks typically allocated to the attorney, there are tasks that could be ' and often should be ' allocated to the client: notifying title insurance companies that title to real property has passed; notifying creditors to close accounts and/or remove the other spouse's name; transferring title on automobiles and other vehicles; changing names on bank accounts and other accounts; changing beneficiaries on life insurance policies, retirement accounts and other assets; and removing the other spouse as a named insured on homeowner's and auto insurance policies.

When issues of this type are not resolved contemporaneously with the conclusion of the divorce process, they have a tendency to lie dormant, sometimes for several years. Upon discovery of a forgotten, neglected, or ignored asset, liability or award from a divorce, the client oftentimes responds by waiting even longer before seeking your advice. Eventually, your telephone rings and on the other end of the line is someone else's divorce client with a story about a forgotten issue that now must be resurrected and dealt with immediately. This conversation tends to happen long after anyone remembers what the parties intended at settlement; long after the attorney for one or both parties has retired, become unreachable or destroyed the client's file; and long after the time in which it seemed reasonable for your client to raise the issue. Resolving 'forgotten' issues is oftentimes easier said (by the client) than done (by the attorney).