During the separation period and prior to the divorce being granted, couples typically begin dealing with settlement issues such as child custody and support, post separation support and division of property. It is important to understand that if claims for certain rights are not filed before entry of the divorce decree occurs, entitlement to those rights are lost. Claims which will be barred after the divorce is granted include rights for spousal support and property distribution.
Rights to child custody and child support are not barred after entry of the divorce decree. These claims are fluid and can be filed until the child reaches the age of majority. In many cases, an absolute divorce is granted when these issues are still pending before the Court. The Court’s judgment will simply reserve these issues for future determination.