Montclair Post-Divorce Disputes Lawyer
Because a divorce often involves many complex issues, conflicts may arise after the marriage is officially dissolved. Additionally, the ex-spouses’ circumstances may change as time passes, requiring a modification of the divorce terms. Problems can also occur if one party is not abiding by the divorce decree.
If you finalized your divorce but now need to change something in the final decree or enforce its terms, you may benefit from speaking with a dedicated attorney at the Williams Law Group, LLC. A Montclair post-divorce disputes lawyer could assess your situation and help seek the best possible resolution of your case.
Types of Post-Divorce Disputes
A final divorce decree should address all of the parties’ rights and obligations following the divorce. However, even the most comprehensive decree cannot prevent all post-divorce conflicts. Many issues may arise after the marriage has officially ended.
Custody and Visitation
Because children’s day-to-day lives change significantly over time, ex-spouses may find it necessary to modify custody or visitation to better meet their needs. Unfortunately, divorced parents often have different ideas regarding what is best for their kids. Issues surrounding custody and visitation are among the most common post-divorce disputes that our experienced attorneys handle in Montclair.
Division of Marital Property
The divorce decree often creates an obligation for one spouse to transfer property to the other. For example, if a New Jersey judge awarded a spouse some portion of the other spouses’ retirement account, the spouse holding the retirement account must notify their retirement plan administrator and cooperate with the transfer. If they do not fulfill their obligations under the divorce, the spouse entitled to the funds may ask a court to enforce the decree.
A spouse who was ordered to pay alimony in the final divorce but subsequently lost their job may require a modification or termination of alimony. Conversely, if a spouse receiving alimony suffers an injury and can no longer work, they may need more financial support. If one party refuses to pay the court-ordered alimony even though they have the financial ability to do so, the other party could file an action to enforce the divorce decree.
In each of these situations, a knowledgeable Montclair attorney could explain the legal options available to modify a divorce decree or enforce its terms after the fact.
Resolving Post-Divorce Disputes in Montclair
A party may need to modify a divorce decree for various reasons, such as to accommodate their children’s new school schedule or to increase or decrease alimony based on a shift in their financial situation. To pursue a modification, that party must prove that there has been a significant change in circumstances since the divorce decree was issued. A local attorney who handles post-divorce disputes could gather evidence to prove a change in circumstances. Alternatively, if a party believes a modification would not benefit them, a lawyer could help advocate against any changes to the decree.
If a party wants their ex-spouse to comply with the divorce terms, a petition for contempt or a motion to enforce the decree are two possible remedies. In a contempt or enforcement hearing, a New Jersey judge could do the following:
- Order the non-compliant party to fully comply with the divorce decree or face sanctions
- Assign a neutral third party, known as a trustee, to sign whatever documents are necessary to transfer marital property, sell the marital home, or take whatever action is needed to satisfy the divorce terms
- Place a judgment against the non-compliant spouse for any unpaid alimony or other debts and garnish their wages to satisfy the judgment
- Sentence the non-compliant spouse to a period of incarceration if they continue to violate the divorce decree
- Order the non-compliant party to pay the other party’s legal fees
Seek Help from a Montclair Post-Divorce Disputes Attorney
Unfortunately, obtaining a final divorce does not always mean that all conflict between the spouses ends. Disputes over child custody, financial support, and the division of marital property may arise months or years after the divorce.
If you are facing these types of conflicts, speak with a Montclair post-divorce disputes lawyer at the Williams Law Group, LLC. Our firm’s experienced attorneys could help you address these issues, whether you seek a modification of your divorce decree or enforcement of its terms. Call us today to get the assistance you need to move forward with your life.