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Overview of Post Divorce Proceedings

Post divorce actions typically involve a person seeking court intervention to compel an ex spouse to act in accordance with the Final Decree of Divorce, e.g., to force a division of property or seeking clarification of the court’s prior order.  Although the trial court has authority to make additional orders to enforce or clarify the property division, the court’s power is not absolute and expires two years after the final decree was rendered.  However, the court cannot amend, modify, alter, or change the division of property made or approved in the final decree.

The court does have the authority to issue an order to assist in the implementation of or to clarify the prior order.  The court may make an order to deliver the specific existing property awarded or may render a money judgment for the damages caused for a party’s failure to comply with the court’s order.