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lawyers sends the Judgment of Divorce to the other with notification of when it was entered, the time clock on when to appeal does not begin to run. |
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In some jurisdictions, the time to file an appeal begins to run from the date that the judgment is entered or from the date that the Court Clerk serves the judgment on the parties or their counsel. It is very important to determine when the time starts to run to appeal, since once that time is gone, you cannot ask the court to extend it or relieve you from your default if you did not file your notice of appeal on time. |
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If you and your spouse handled the case yourselves, make sure that you both get a copy of the Judgment of Divorce. If you're no longer talking, have a friend mail your spouse a copy of the Judgment with notification of when it was entered and ask the friend to sign a notarized statement that he has mailed it. This is your proof that you had the Judgment sent to your spouse. |
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Your settlement agreement or decision by the judge should include your getting the social security, retirement, survivor, or disability benefits to which you are entitled. |
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When will you receive your benefits? Usually you receive them when your spouse does, or at the earliest possible time your spouse could have received them. For example, some retirement plans allow employees to take out money when they turn 55, even if they are still working. The plan may allow ex-spouses who have been awarded part of the plan to do the same. Every plan is different. |
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It is unlikely that you'll get these benefits right after the divorce. To get your benefits, the Social Security Department will usually need a certified copy of your Judgment of Divorce and any agreement in order to process your claim. In the case of pension benefits, your lawyer (or your husband's lawyer) will usually have to draft an Order at the same time he drafts your Judgment of Divorce. The Order explains when you'll get your pension benefits. The judge then signs it, when your case is fresh in everyone's mind, and your lawyer sends a copy of the Order to your spouse's pension plan administrator. Notify the plan administrator if you move, and as the time draws nearer for you to receive your benefit, contact the plan administrator (the address should be in the Order) to find out what information they need to process your claim. |
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