Even after a divorce is over, new disputes can arise, especially if the couple have children. Someone in this situation may need assistance from a Raleigh post-divorce disputes attorney who could continue to work with a person throughout the process by potentially defending their best interests even after the divorce is finalized.
Generally, the process starts when one spouse or the other goes back to court and asks the judge to change the order. However, that spouse will typically have to give evidence showing that something important has changed since the original divorce action. A skilled divorce lawyer could help a person address a variety of concerns surrounding their post-divorce dispute.
Family situations are commonly fluid, especially with respect to money and children, but a spouse must typically show a “substantial” change to modify a court order. In most cases, a modification could be approved by the court when the spouse who wants it can demonstrate a “material change in circumstances” since the original judgment was entered. For example, some spousal awards may be changed after a showing of material change in circumstances such as the earning capacity of one of the spouses.
If one person does not comply with the divorce terms, for example by not paying alimony, the court could hold that party in contempt. An individual held in civil contempt generally is issued a fine. However, in more extreme situations which commonly involve repeated violations, the court could order the non-compliant spouse imprisoned.
Also, the non-compliant spouse could be ordered to pay the lawyers’ fees of the other party. The court frequently may say that the spouse knew what they were required to do, intentionally did not do it, and forced the plaintiff to file the new action and incur the legal costs. In most cases, there are two types of contempt, civil and criminal. Your Raleigh post-divorce disputes attorney can explain the differences between these types of contempt and the potential ramifications of such a violation of a court ruling.
Joint physical custody of minor children is common after a divorce. However, in some situations, one parent may receive full or primary custody while the other receives visitation rights. In either case, parents sometimes return to court to try to get these arrangements modified.
Custody and visitation schedules vary quite a bit from one family to another, and there is no one-size-fits-all approach. After a year or two, one or both of the former spouses may conclude that the arrangement they agreed to at the time of the divorce is no longer optimal.
Child support payments often also give rise to post-divorce disputes. If a parent loses a job or begins a higher paying position, changes to the original agreement to reflect those changes may become appropriate. A Raleigh post-divorce disputes attorney could review the changes in circumstances to help determine whether it may qualify for a change in the original agreement.
When a person gets a divorce, it may be important to keep in mind that the “final” decree may only be the beginning of the process, especially if spousal support payments or children are involved. A detail-oriented Raleigh post-divorce disputes attorney could help someone reach an arrangement that reflects their evolving needs and better supports a more comfortable future for themselves and their family. Call our firm today to learn more.