notice of assignment divorce

What is a notice of assignment?

An assignment takes place when one party is holding a right to property, claims, bills, lease, etc., of another party and wishes to pass it along (or sell it) to a third party. As complicated as that sounds, it really isn’t. Strangely enough, many assignments can be made under the law without immediately informing, or obtaining the permission, of the personal obligated to perform under the contract. An example of this is when your mortgage is sold to another mortgage company. The original mortgage company may not inform you for several weeks, and they certainly aren’t going to ask your permission to make the sale.

If a person obligated to perform has received notice of the assignment and still insists on paying the initial assignor, the person will still be obligated to pay the new assignee according to the agreement. If the obligated party has not yet been informed of the assignment and pays the original note holder (assignor), the assignor is obligated to turn those funds over to the new assignee. But, what are the remedies if this doesn’t take place? Actually, the new assignee may find themselves in a difficult position if the assignor simply takes off with their funds or payment. They are limited to taking action against the person they bought the note from (assignor) and cannot hold the obligator liable. Therefore, it is important to remember that if any note or obligation is assigned to another party, each party should be well aware of their responsibilities in the transaction and uphold them according to the laws of their state. Assignment forms should be well thought out and written in a manner which prevents the failure of one party against another.

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Divorce Checklist: 15 Dos And Don’ts In 2024

Updated: Mar 17, 2023, 3:02am

Table of Contents

Divorce checklist: dos, frequently asked questions.

Divorce can be complicated and stressful, but this divorce checklist of dos and don’ts helps you to make the right decisions when ending your marriage.

Here are some of the crucial steps you should take when you are ending your marriage. Check these off your divorce checklist to protect your rights and make the dissolution of your marriage go as smoothly as possible

1. Learn Your State’s Requirements for Filing for Divorce

Most states have residency requirements, which means you need to file for divorce where you or your spouse live. You may need to have lived in the state for a set period of time before filing for divorce, such as six months.

Many states also have other requirements to meet before you divorce, such as being separated for a certain length of time. You should learn these rules early on so if you must live separately for a period of time, you can get started on that process.

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2. Understand State Laws Governing Property Division and Support

States have default rules that apply if you and your spouse cannot agree on the issues raised by ending your marriage.

For example, community property states divide marital property (and marital debt) 50/50 while equitable distribution states divide marital property and debt fairly but not necessarily equally. And all states make custody decisions based on what is in the best interests of the child. All states determine child support based on set standards.

You should know these rules because they help you understand what to expect as far as property, custody and support after a divorce. They can also guide you in the right direction when you are trying to negotiate on these issues outside of court so you can pursue an uncontested divorce.

3. Hire a Lawyer ASAP

You and your spouse should each have your own family law attorney representing you. Your lawyer protects your rights during divorce and helps ensure you make decisions based on what is best for you over the long-term and which optimize your rights.

4. Decide What Kind of Divorce Process You Want

You can opt for an uncontested or a contested divorce when you end your marriage. With a contested divorce, issues are decided by the court. With an uncontested divorce, you and your spouse agree on grounds for divorce and draft your own settlement addressing all key issues.

An uncontested divorce is cheaper, easier, less stressful and can result in a settlement agreement that makes everyone happier. When possible, aim for this. But if your spouse isn’t cooperative or if there was abuse in the marriage and you don’t feel comfortable negotiating, then a contested divorce may be your only option.

5. Reevaluate Your Financial Situation

You may need to make major lifestyle changes when you no longer have two incomes in one household. The sooner you start to make these lifestyle changes, the better. You also want to be sure you aren’t trying to cling to property you can no longer afford. Keeping an expensive house or expensive car (that come with big monthly payments) could end up being a bad thing not a good thing.

6. Aim to Refinance Debts

Marital debts should be divided during divorce proceedings. Unfortunately, if the court orders your spouse to pay a joint debt and your spouse doesn’t follow through, creditors could still come after you if you are the co-borrower. As a result, whenever possible you should try to ensure the spouse who is given responsibility for a particular debt refinances it into their name alone.

7. Think Long-Term

Don’t just consider legal issues that are relevant right now. You should think about what will arise in the future. For example, you want to get your fair share of retirement accounts or pension money and address who will pay for college for the kids even if that’s many years away.

8. Take Care of Your Mental Health

Divorce can be stressful. Make sure you practice self-care and grieve properly for the end of your marriage. Talk to a therapist or join support groups if you need to in order to be able to move forward towards your new life with a positive attitude. There are also some things you do not want to do during the divorce process. Here are some don’ts.

Divorce Checklist: Don’ts

1. don’t use the divorce to try to punish your spouse.

If you are angry about the divorce, it may be tempting to try to make the proceedings as miserable as possible for your spouse. Avoid this. If you refuse to compromise or make the process difficult, it will be more expensive and stressful for both of you and you are likely to end up less happy with the divorce settlement in the end.

2. Don’t Sign Anything Without Knowing Your Rights

You don’t want to be bullied or pushed into negotiating a divorce settlement that isn’t favorable for you. You don’t have to give up support, custody of your kids or property that you are entitled to just to make the divorce process work. The decisions you make affect your future, and you want to make the right ones so consult with a lawyer before agreeing to anything.

3. Don’t Put Your Kids in the Middle

Try to avoid blaming your spouse, badmouthing your spouse in front of the kids or forcing your kids to choose between you during the divorce process. This can make life harder for your children, and it could backfire because the court could decide you’re engaging in parental alienation and opt to give primary custody to the other parent because of this misbehavior.

4. Don’t Hide Assets

There are laws requiring you to disclose financial assets. And forensic accountants can find hidden assets. You should not try  to hide money or property as there are legal consequences for being dishonest during divorce proceedings.

5. Don’t Drain Shared Bank Accounts

The court will decide how to divide up assets if you and your spouse cannot agree. If you have taken marital property leading up to or during the divorce, you could end up losing other property to your spouse in order to make things fair or to ensure a 50/50 split of assets in community property states.

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6. Don’t Miss Meetings or Court Hearings

You cannot ignore a divorce. You need to show up to all required appointments and court hearings. If you fail to come to court as required, the court may order a default divorce and grant your spouse their desired settlement.

7. Don’t Ignore Court Orders

If the court requires you to turn over documents, provide temporary support, or adhere to a particular custody arrangement, be sure you follow these requirements carefully. If you fail to do so, this could have legal consequences.

An experienced divorce lawyer can help you to appeal court rulings you don’t agree with and can assist you in understanding your rights and obligations during divorce proceedings.

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What not to do before you get divorced?

Before you get divorced, you should not clear out shared bank accounts or try to hide assets as this could have adverse consequences during divorce proceedings. You should also try to avoid fighting with your spouse as that will make it more difficult to try to work out issues amicably and create your own divorce settlement. An uncontested divorce  can be cheaper and result in better outcomes because you decide on custody, property and support rather than asking the court to do so for you.

What not to forget in divorce settlement?

Think long-term when you are creating a divorce settlement. For example, you will want to consider how retirement accounts should be divided even if you are a long way from retirement. And you should think about issues that will come up as children get older such as who pays for extracurricular activities or for college costs.

How do I prepare for my future divorce?

To prepare for divorce, get your finances in order. Open credit cards in your name if you don’t have credit of your own. Set a budget for what life will look like after divorce. And learn about the divorce laws in your state so you can understand how your marital property will be divided and what your parenting plan is likely to look like.

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I've Filed For Divorce: What's Next?

You've taken that first big step: filed for divorce . Or perhaps your spouse has filed, and you've answered the divorce petition. You're officially in the process of getting a divorce in Minnesota, and you're no doubt wondering what that process is going to be like. Often, the anxiety about what comes next is worse than the process itself. Knowing what to expect can offer a little peace of mind and help you ask your attorney informed questions that will empower you to make the best choices for you and your children.

Notice of Court Assignment and Removal of Judge

The first notice the court issues after a divorce has been filed is a Notice of Judicial Assignment; this document tells you which judge or referee will be overseeing your case. Minnesota offers parties to a divorce the right to remove the assigned judicial officer from their case. However, this must be done within ten days of the date of the Notice of Judicial Assignment. Each party has the right to exercise this option, which means that theoretically, the judicial officer could be changed twice.

Why might you want to remove your judicial officer? Well, although judicial officers are supposed to be objective, they have opinions and biases like everyone else, and experienced divorce lawyers are usually aware of these. If your divorce attorney advises you that the judicial officer you've been assigned is unlikely to rule in your favor on issues that are important to you, it may be worth requesting removal. Think twice before removing your judicial officer just because a friend had that judicial officer and didn't like him or her; your situation may be very different from your friend's. It's best to decide this matter based on advice from an attorney who has more extensive experience with many judicial officers.

Many people are surprised to learn that the great majority of Minnesota divorces don't end with the court ruling at trial. Most people reach a settlement at some point in the divorce process. Minnesota courts encourage this, as settlement is usually less expensive and less contentious for the parties, and keeps the docket clear for cases that really need court intervention.

Initial Case Management Conference and Early Neutral Evaluation

The Notice of Judicial Assignment will also inform you of the date of Initial Case Management Conference (ICMC). In the ICMC, the court gets the lay of the land with regard to your divorce, including any agreements you and your spouse have already made. At least three days prior to the ICMC, you will submit a Conference Data Sheet to the court. This gives the court information about the issues in your case. You will also need to submit this document to your spouse or your spouse's attorney if he or she has one.

It's great if you and your spouse have agreed on all issues by the ICMC, but usually that's not the case. Because the courts encourage settlement, as noted above, the court may ask you to participate in Early Neutral Evaluation (ENE) for unresolved social issues (such as custody and parenting time ) or financial issues (such as division of property). The ENE process is voluntary, and both parties must agree to it. There are some reasons you may not want to agree to the ENE process, such as if you are afraid of your spouse for any reason and feel you aren't on equal ground for negotiating. You should discuss any reservations you have with your attorney.

Depending on the county, the court will either provide a list of evaluators and you and your spouse, together with your attorneys, will choose one, or you will be assigned evaluators who work for court services. There are separate ENEs for social and financial issues; in an effort to avoid bias, social ENEs usually involve a male and female evaluator. Evaluations usually take place fairly quickly after the ICMC, typically within three weeks. Evaluations may take about three hours, but can be longer or shorter depending on the county.

At the ENE, both you and your spouse will have time to talk to the evaluators without interruption from the other party. The evaluators will ask each of you questions to get a better understanding of your situation. They will then meet privately for a brief conference, and come back and give you their estimation of what they believe the outcome of your case will be. Then you will have the opportunity, with your attorneys and the evaluators, to try to reach agreement on some or all issues. The evaluators will report any agreements you reach to the court, but not the content of your discussions prior to the agreement. The court will decide any issues left unresolved after the ENE. If all issues are resolved, you may not have to go to court again.

If unresolved issues remain, the parties will need to provide each other and the court with additional information in a continued effort to reach settlement or to prepare for a trial. If your divorce is headed down this path, an experienced family law attorney makes it much easier. Please contact us at Mundahl Law with any questions you have about the Minnesota divorce process. We look forward to working with you.

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Uncontested Divorce Hearings in Massachusetts

The Courthouse:

You will already have received a notice from the court (“Notice of Assignment”) telling you what day and time to be at court for your uncontested divorce hearing.   The uncontested divorce hearings are usually scheduled to be called at 8:30 to 9:00 AM and both parties must be present.

Try to arrive early, before 8:15 AM, to allow time to go through the security check point.  If you will be unavoidably late, call the Probate and Family Court Clerk’s Office – see “After the Hearing” below for phone numbers.

You should dress appropriately, i.e., “business casual” (no shorts or tank tops, jeans, etc.).

You will be required to pass through a security check point and a metal detector before entering the courthouse.  Although the exact procedures differ from courthouse to courthouse, you should be prepared to empty your pockets, to place your purse or briefcase on the conveyor belt to be electronically scanned, and to have anything resembling a weapon (e.g., pocket knives, scissors, etc.) confiscated before you enter.  Cameras will also be confiscated.  All cell phones must be turned off and stowed before entering any courtroom, and no photos or videos are allowed anywhere in the courthouse.  Some courthouses will not permit you to bring a cell phone with a camera into the courthouse building.

The Courtroom:

Once inside the courthouse you can ask any uniformed court officer to direct you to the courtroom where your divorce will be heard.  there may also be a list posted of all of the cases being heard in the courthouse that day which will indicate which courtroom you should go to.  It is common courthouse jargon to refer to a “courtroom” as a “session.”

After finding the correct courtroom, the next step is to “check-in” with the clerk, also known as a sessions clerk or Assistant Judicial Case Manager.  The clerk may be outside the courtroom or in the front of the courtroom.

The following instructions apply if we are not attending the court hearing with you.  If we are, the attorney will take care of these details.

Ideally both parties should check in together.  On busy days there may be a line.  Show the clerk your hearing notice (“Notice of Assignment”) or give your last name and docket number.  The clerk will review the court’s file to confirm that everything is there and properly filled out.  Sometimes a document or two may be missing.  Be sure you have copies of all court forms and an original, signed and notarized Separation Agreement to replace any missing documents, if necessary.  Each of you will also be asked to fill out two self-addressed envelopes which will contain the court forms the court will mail to each party after the hearing.

You may be required to re-sign and re-date your financial statement on the morning of the hearing.  If you stepped out of line to review your financial statement, return to the front of the line.  You do not need to stand in line twice.  Stand just behind and to the side of the person talking to the clerk.  When that person is finished, step in front and return your re-signed and re-dated financial statement forms.  After the clerk approves your documents, sit down in the courtroom and wait for your case to be called.

The Hearing:

After most of the cases are checked in, the judge will usually enter the courtroom to begin hearing cases.  When the judge enters the court, an officer will say “All rise” in a loud voice and everyone will stand up.  While the court is in session, no talking is allowed, you may not use your cell phone, or smart phone, and you may only read court documents, i.e., no books or newspapers.  No food, drink, or gum is allowed in the courtroom.

There is no certain order in which cases are called.  Emergencies (e.g., request for restraining orders) are generally heard first, then uncontested matters, and then contested matters.  Your judge will set the order on the morning of your hearing.  Judges often clear their courtrooms of all parties and lawyers for certain matters (e.g., adoptions).

When your case is called a clerk will announce your last name and the docket number.  Walk to the front of the courtroom and stand before the judge.  The clerk will swear you in by asking you to raise your right hand and than asking: “Do you swear that the testimony you are about to give will be the truth, the whole truth, and nothing but the truth so help you God?”  Since proceedings are recorded, your answer must be audible.  If you have a philosophical objection to swearing to God, you may ask to “affirm” the truthfulness of your testimony instead.  Always refer to the judge as “your honor.”

A judge hearing an uncontested, no-fault divorce must make two findings before “allowing” the joint petition.  First, the judge must find legal grounds for the divorce, e.g., an “irretrievable breakdown” of the marriage.  Second, the judge must find that the Separation Agreement is “fair and reasonable.”  Judges usually focus primarily on the agreement and the financial statements.

While hearing a joint divorce petition, a judge has broad discretion to ask about almost anything during the marriage BUT NOT the marital conduct of the parties.  For example, a judgment MAY ask about parental conduct that affects children, but a judge MAY NOT ask about adulterous behavior.  At a minimum, you should expect to be asked if you have read the agreement, if you believe it is fair and reasonable, and if you are prepared to abide by it.  The Wife may be asked if she wishes to resume her maiden name, or to confirm that she wishes to maintain her married name.  The judge will ask the parties if their financial statements are accurate.

During  your hearing there will be an audio “record” of the proceeding and it is perfectly “legal” to read your answers into the record.  The judge will usually want to  know the date of marriage, the place of marriage, the last address you and your spouse last lived together, the date of separation, the names and birthdates of the children and whether there is a continuing irretrievable breakdown of the marriage.  The judge will also ask questions relative to the financial statements and agreement.

As you stand before the judge, if you are asked about survival or merger, remember:

• The Agreement either merges into the Judgment and does not survive as an independent contract between the parties; or
• The Agreement survives as an independent contract.

If you are asked what survival and merger mean, remember that merger and survival are modification standards.  They are used if there is a dispute between the parties after the divorce.  If you are asked what the survival and merger modification standards are, remember the working definitions:

• To modify merged provisions, there must be evidence of a material change in circumstance in a post-divorce dispute.  Merged provisions are held to a “lower” standard – making them “easier” to modify in a post-divorce dispute.
• To modify surviving provisions, there must be a significant evidence of “something more” than a material change in circumstance in a post-divorce dispute.  It is very difficult, if not impossible, to modify surviving provisions.

After the Hearing:

If it is a joint petition for divorce, the court should mail you a form entitled “Findings and Order”.  It confirms that the court found the Separation Agreement to be fair and reasonable, and ordered the entry of judgment in thirty (30) days.  If you have not received a Findings and Order form within two (2) weeks of your hearing, call a clerk in the divorce department and ask for a copy.  Thirty days after the findings are issued, you will receive a Judgment of Divorce Nisi. The judgment of divorce will automatically become final in 90 days with no further notification or court hearing necessary.

If it is not a joint petition, you will receive a Judgment of Divorce Nisi, usually within a few weeks.

Some people want or need a copy of the final divorce judgment. Since the court will not issue a Judgment of Divorce Absolute without a specific request, you will need to ask for a copy from the divorce department directly.  Since your judgment will not be final until 90 days of the judgment nisi, the court will not honor your request for a copy of the Judgment of Divorce Absolute until that time has elapsed.  If you want a copy of your final divorce judgment, you must request it in writing or in person.  If you want a certified copy, there will be a fee.  If you plan to remarry, you may need a certified copy of the Judgment of Divorce Absolute when you apply for a marriage license.

You may contact the Probate and Family Court Clerk’s offices at the following numbers:

• Middlsex Probate & Family Court – (617-768-5850)
• Essex Probate & Family Court – Salem (978-744-1020)
• Essex Probate & Family Court – Lawrence (978-686-9692)
• Suffolk Probate & Family Court – (617-788-8300)
• Norfolk Probate & Family Court – (781-830-1278)
• Worcester Probate & Family Court – (508-831-2200)

Do not hesitate to call our office if you need legal assistance in the future.

Hastings, Jamieson & Lipschutz Family Law Group wishes you the best of health and happiness in the future.

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The Assignment with Audie Cornish

Every thursday on the assignment, host audie cornish explores the animating forces of this extraordinary american political moment. it’s not about the horse race, it’s about the larger cultural ideas driving the conversation: the role of online influencers on the electorate, the intersection of pop culture and politics, and discussions with primary voices and thinkers who are shaping the political conversation..

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Owning a home is the cornerstone of the American dream, but an affordability crisis is making it a distant fantasy for many. The presidential candidates are taking notice. Sonja Trauss is a key activist in the YIMBY movement (“Yes in My Backyard”), and says the solution is pretty simple: Build more homes. Getting that done isn’t so easy. Audie sits down with Trauss in Southern California — ground zero for the housing shortage — to talk about the origins of the problem and potential solutions. 

Watch a version of our conversation here.  

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• Telangana minister Surekha is facing legal action for her controversial remarks linking the divorce of actors Samantha and Naga Chaitanya to the influence of BRS working president KT Rama Rao (KTR).
• Surekha claimed KTR's involvement led to many actresses leaving the film industry, sparking backlash from prominent actors and resulting in defamation notices from both Akkineni and KTR.
• The case, seeking ₹100 crore in damages, will resume on October 23.

Telangana minister gets court notice over Samantha-Naga Chaitanya divorce remarks

A Hyderabad court has served a notice to Telangana Minister Konda Surekha, asking her to explain her remarks on the divorce of South Indian actors Naga Chaitanya and Samantha Ruth Prabhu . The court has asked Surekha to respond by October 23. The action comes after a criminal defamation case was filed against Surekha by Nagarjuna Akkineni, Chaitanya's father, under Section 356 of the Bharatiya Nyaya Sanhita (BNS).

Defamation case details and witness testimonies

Akkineni has alleged that Surekha made defamatory statements with the intention of tarnishing the Akkineni family's public image. His complaint is of both criminal and civil defamation, and he has sought ₹100 crore in damages for the alleged harm. The Nampally Special Magistrate Court adjourned the next hearing to October 23, after two witnesses—Venkateswara and Akkineni's niece Supriya—testified.

Surekha's controversial remarks and subsequent backlash

Surekha had alleged that BRS working president KT Rama Rao (KTR) had sought inappropriate favors from the Akkineni family before their N-Convention Centre was demolished. She had linked KTR to Chaitanya and Samantha's divorce, claiming that "many heroines have left the film industry quickly due to KTR's influence on their lives." These comments were met with strong criticism from prominent Telugu actors like Chiranjeevi, Allu Arjun, and Nani who labeled them as "derogatory."

Legal notices and public criticism follow Surekha's remarks

Apart from Akkineni, KTR also issued a legal notice to Surekha and advised Congress leader Rahul Gandhi to send her to a mental health or rehabilitation center. After facing the ire of the masses, Surekha retracted her statements. "My intention was only to point out how a leader is belittling toward woman but not to hurt your sentiments, Samantha," she wrote on X.

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Court notice to Telangana minister over Samantha-Naga Chaitanya divorce remarks

A nampally magistrate court in hyderabad heard testimony from a second witness in a criminal defamation case filed against telangana minister konda surekha. the court demanded minister surekha for an explanation and adjourned the hearing to october 23..

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• Notice demands explanation for remarks on Naga Chaitanya-Samantha divorce
• Defamation case filed by Nagarjuna Akkineni against Konda Surekha
• Court adjourned hearing to October 23 after witness testimony

A Hyderabad court on Thursday issued a notice to Telangana Minister Konda Surekha, demanding an explanation over her remarks on the divorce of South actors Naga Chaitanya and Samantha Ruth Prabhu. The court has asked Surekha to submit her explanation by October 23.

The court notice follows a criminal defamation case filed against the Telangana minister by Nagarjuna Akkineni, Naga Chaitanya's father, in the Nampally court under section 356 of the Bharatiya Nyaya Sanhita (BNS).

The Nampally Special Magistrate Court adjourned the next hearing to October 23 after a second witness, Venkateswara, completed his testimony in the case.

Nagarjuna's complaint accuses Surekha of making defamatory statements intended to harm the Akkineni family's public image. The complaint includes both criminal and civil defamation charges, seeking financial compensation for the damage caused.

Surekha also stirred controversy by alleging that BRS working president KT Rama Rao , popularly known as KTR, had sought inappropriate favours from the Akkineni family before the family-owned N-Convention Centre was demolished.

She had linked KTR to the divorce of Naga Chaitanya and Samantha, stating that "many heroines have left the film industry quickly due to KTR’s influence on their lives."

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