Divorce can be complicated. Once the division of assets and other logistical actions have occurred, you might find that you or your ex-spouse’s financial situation has changed. These changes often result in Fairfax post-divorce disputes. However, a post-divorce does not need to be hostile, especially with an attorney guiding you through the process. Contact a skilled divorce lawyer who will likely know the potential outcomes related to the post-divorce dispute. The attorney can provide a framework in which you and the other party are working together to resolve the case.
Most Common Post-Divorce Disputes
The most common issues in Fairfax post-divorce disputes are those involving modification of spousal support, modification of child support or modification of custody and visitation. The other big category of post-divorce disputes in Fairfax are enforcement actions where one spouse was required to do something in the divorce order (for example, put the house up for sale or divide an account), and they did not follow the requirements of the order. In that case, one party can go into the court and ask the court’s assistance in enforcing the order made in the divorce.
What Triggers Post-Divorce Disputes
If one party is not following the rules of the divorce order, that will trigger an enforcement action. A changing financial situation of at least one party could also trigger a post-divorce dispute related to spousal or child support. For example, if the paying party loses a job or gets a pay cut, or the recipient party has increased earning potential, support modification might be appropriate. Within terms of custody and visitation, many circumstances can trigger a post-divorce request for modification. Some examples include the changing needs of the children, or a new sibling or a new spouse added to a family.
Post-Divorce Modification
Within the context of Fairfax post-divorce disputes, modification would mean some change in the terms of the divorce, such as changing support or custody. There are other occasional circumstances where parties come together and decide they want to change something about how the final divorce was resolved. This is not a common occurrence, but it does happen. In those cases, if both parties are willing to do so, they can go back to the court and ask the court to enter an order to modify a particular provision. If the appeal period is over and the matter a party seeks to modify is outside of the realm of support or custody, the only way to make the change will be if both parties agreed to do so.
Amicable post-divorce modifications can occur when two former spouses who are willing to work together to come up with a resolution. With regard to child custody, amicable post-divorce modifications can occur when parents work well together to make decisions about what is best for the children. Additionally, if an issue is disputed and the parties choose to go to mediation or some other means of alternative dispute resolution, they often result in amicable resolutions.
Advantages of Working With a Lawyer
It is always important to reach out to a lawyer to understand what your rights are and what the process is available to address the post-divorce dispute. Modification of support and custody are the most important situations for parties to consult with counsel. These are disputes that do not necessarily always follow a formula, and it is useful to have counsel with the knowledge and experience within the legal system to deal with modification in Fairfax post-divorce disputes.
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