Module Notes
Finalizing a divorce may feel like the end of a long and difficult process—but for many people, issues don’t end with the signing of the final decree. Understanding why these disputes occur and how they can be handled is essential for protecting your rights and managing post-divorce stress effectively.
Why Post Divorce Issues Arise
- Divorce decree may be too vague or leave room for interpretation
- Fail to follow through on their obligations—such as failing to pay support, missing property transfer deadlines, or denying court-ordered parenting time
- Life changes can prompt the need for legal adjustments, like job loss, relocation, remarriage, or a change in a child’s needs
Common Types of Post Divorce Disputes
- Parenting time and custody arrangements
- Child support and spousal support
- Enforcement issues when one party doesn’t comply with the terms of the decree
- Logistical failures like not refinancing the home as ordered, divide retirement accounts, or delay transferring assets
Legal Standards for Modifying or Enforcing Orders
- Typically requires filing a motion with the court
- Legal standard depends on the nature of the request
- Note, not everything in a divorce decree is modifiable
Resolving Post Divorce Disputes
- Negotiation between parties
- Motion or court hearing
- Mediation or alternative dispute resolution processes
Professionals Who May Be Involved
- Attorneys
- Mediators
- Parenting coordinators or consultants
- Certified Divorce Financial Analyst (CDFA) or forensic accountant
- Divorce real estate or mortgage professional
Preventing Future Post Divorce Conflicts
- Clear, specific, and enforceable language in the decree can prevent misunderstandings and set expectations early.
- Parties can include dispute resolution clauses in their decree.
- Keep accurate records of payments, communication, and compliance with court orders.
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