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Divorce can be a stressful process, and especially when children are involved conflicts with your ex-spouse can arise well after the final judgment. Maybe your circumstances have changed considerably and you need to modify your agreement. Or perhaps you are frustrated if your ex-spouse is not meeting their obligations. Whatever the case, our team of Short Hills post-divorce disputes lawyers can help. Our dedicated team of divorce attorneys could assess your legal options and determine which course of action is best for your situation.
A final judgment of divorce generally covers all financial and parental obligations of both parties. However, things can change over the years, requiring a second look at the terms of the final judgment. Sometimes parties fail to anticipate or provide for an unforeseen event like illness or bankruptcy. Typically, post-divorce issues happen because of either a failure to comply or a change in circumstances. A lawyer in Short Hills could determine how to handle a post-divorce dispute, depending on the nature of the conflict and why it is occurring.
Many divorce decrees require specific actions from both divorcing parties. Unfortunately, there are times when an ex-spouse may refuse to comply with the agreements in the final divorce judgment. This is commonly seen in situations where one parent does not pay child support or an ex-spouse does not make alimony payments, leaving the other party with some financial stress.
A divorce decree has the full force and effect of a court order, and failure to comply is a serious matter. A lawyer in Short Hills could help one party petition the court for enforcement of the final judgment if they are experiencing a post-divorce dispute. A motion to enforce can protect an individual’s rights and provide equitable relief, such as reimbursements. If an ex-spouse fails to sign certain documents, for instance, a court order could allow a third party to execute those documents to complete the transaction. When there is non-compliance with child custody or support issues, a court may intervene to ensure the protection of the child’s best interests are protected.
Conflicts also may arise after a divorce if unexpected situations develop. A divorce judgment can change if one party proves that there has been a “material change of circumstances.” For example, one party may lose their job and become unable to meet child support obligations, or an ex-spouse may become unable to care for their children. Since the effects and responsibilities of a divorce can last for decades, the courts can entertain a motion to alter the terms based on “changed circumstances.”
When issues arise after an ex-couple’s divorce is final, one potential resolution is to modify the existing divorce agreement. As mentioned earlier, parties may request a modification to a court order if there is a “material change in circumstances.” A Short Hills attorney familiar with these kinds of conflicts after divorce could gather the evidence necessary to prove a “change in circumstances.” Alternatively, if someone believes a modification would not be to their benefit, a lawyer could advocate for maintaining the existing agreement.
Although getting to the final judgment of divorce can be a struggle, sometimes the issues do not end there. Disputes may come up regarding money, housing, children, and obligations, and these can impact your life after divorce. Our team of Short Hills post-divorce disputes lawyers are ready to provide you the help you need to get your life moving forward again. Call today for help with your situation.