27 Apr Post Divorce Issues That Require Legal Assistance
Post-Divorce Issues That Require Legal Assistance
Making it through a divorce is an accomplishment – albeit not everybody’s shining moment. Few people finalize a divorce and remark how easy or pleasant it was. Invariably, they are hard and they get harder when there are children, assets and properties involved. But, once you’ve made it through and the proceeding is finalized, don’t delete your divorce lawyer’s phone number just yet. Issues commonly arise after divorce that require the expertise of a family law attorney.
What Can Possibly Go Wrong?
It’s not always a matter of things going wrong. Life simply changes and so do people. Changes in circumstances from employment and place of residence to new relationships can create scenarios that warrant revisiting and modifying the terms of a divorce settlement. Things can also go wrong – an ex-spouse can behave in a way that jeopardizes the agreement, or endangers a child. Not uncommonly, one or both parties will violate child custody and visitation agreements, which causes more profound legal problems that exceed the capacity of either party to resolve.
Because divorce often marks the beginning of the rest of people’s lives, there’s often much to evolve and therefore resolve following the decree. Some common legal issues that emerge after the documents are signed and filed include:
- Spousal support modification: Certain circumstances justify modification of an alimony order such as remarriage or significant change in income.
- Custody modifications: Parents and children can change after the initial custody order. If a change of circumstances has occurred that impacts the children and the court determines that it would be in the best interests of the child to modify custody, then custody can be modified.
- Moving out of state: Moving to a different state obviously affects child custody and visitation. Custody disputes are among the most contentious in a divorce. The guidance of a trusted attorney is critical in these areas.
- Child support modification: Child Support can be modified every three years automatically or based on a change of circumstances, which is defined as an increase or decrease in income of 20% or more.
- Children’s expenses: Parents are generally required to equally divide expenses incurred on behalf of the children (primarily medical). Often times, parents do not keep thorough records of their reimbursement requests, which leads to financial disputes.
- Property distribution issues: Distribution of jointly held property like real estate and retirement accounts can take time to settle. An overlooked item of property or changing market conditions may prolong or forestall a sale and lasting settlement.
Because the issues above are technical and governed by laws that are not well understood by the general population, it’s advisable to retain a divorce attorney to resolve any unexpected bumps in the road after divorce. In particular, if your ex is represented by an attorney, you want to be certain that your critical interests including children, property and finances are equally represented.
So, while you’ve cleared the first hurdles and your divorce is finalized, don’t be surprised if you find yourself once again calling your divorce attorney for advice.