David, why not just ask the court to delay entry of the order until you actually need it to be done? Social security can be a problem - you can check to POMS manual to see what is required to make the claim for the benefits, I am sure the divorce judgment will be needed and then the client would have to explain they "got divorced on one date, but the court said they were still married for 4-5 more months." Won't fly.
Or, get your settlement agreement done, dismiss and refile when they actually need the judgment entered. Don't try to mess around with the tax date or the social security date, the potential headaches are too large
Deb Guston
Immediate Past President,
Academy of Adoption & Assisted Reproduction Attorneys
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Debra E. Guston, Esq., C.A.E.
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Is there any reason that a judge couldn't make a divorce effective on a different date than the entry of judgment?
For example - IT IS, ON THIS 21st DAY OF JUNE, 2018, ORDERED that
<x-tab> </x-tab>1. The marriage between the parties is dissolved effective October 1, 2018
...
I need it for a case where the parties are close on social security sharing (10 years).
If it could be done, might it also be useful next January or so when parties want to take advantage of deductibility of alimony.
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David Perry Davis, Esq.
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