Although divorce is intended to be a permanent separation between you and your former spouse, problems can still arise after the dissolution is finalized. If you and your ex-spouse cannot resolve these disputes, you may need a judge to determine the outcome.
Assistance from an experienced Montgomery County post-divorce disputes lawyer may be beneficial in addressing any legal disagreements you are facing with your former spouse. A skilled divorce attorney can help resolve concerns including, but not limited to, enforcing existing court orders, mediating, or modifying a final divorce decree.
Common Post-Divorce Disputes in Montgomery County
Post-divorce disputes refer to any disagreements former spouses have after their divorce is finalized. While there are many possible areas of contention after a marriage ends, post-divorce disputes commonly involve one or more of the following:
- Disagreements over child custody and visitation arrangements
- Relocation by one party
- Refusal to pay court-ordered alimony or child support
- Changes in employment that require reconsideration of alimony or child support
- The impact of a party’s remarriage on spousal support
- Discovery that one party failed to disclose all income and assets during the divorce process
- Refusal to divide marital assets under the divorce terms
When these issues arise, it is beneficial for all involved to resolve them as quickly and amicably as possible. An attorney familiar with post-divorce disputes in Montgomery County can recommend a course of action that best fits a party’s unique situation.
Resolving Disputes After the Breakdown of a Marriage
When disagreements between former spouses are due to misunderstanding or changes in circumstances, the spouses might address those disputes through informal settlement negotiations, often with the help of a mediator or local lawyer. If the parties reach an agreement, they can simply amend their marital settlement agreement or submit a formal Consent Order to a judge for approval.
Unfortunately, some post-divorce disputes stem from one party’s bad faith or deliberate disobedience of a divorce decree. In these cases, a party may file a motion to enforce the divorce terms or petition the court to hold the non-compliant party in contempt.
The Legal Process for Contempt
When an individual deliberately disobeys a court-mandated order, they may be in contempt of the court’s order. State judges have broad discretion in post-divorce disputes to secure a party’s compliance with a divorce decree. Under Maryland Code Annotated §1-202, a judge who finds a party in contempt can enforce action or punish them through monetary sanctions and even incarceration.
To begin a contempt proceeding, a party must file a Petition for Contempt and serve it, along with a “Show Cause Order” on the non-compliant party. Once received, the accused party must file a response and appear before a judge at the scheduled contempt hearing. The judge will then listen to both parties and render a decision. Contempt rules and procedures in post-divorce dispute cases can be complex, so it is advisable to seek an experienced lawyer in Montgomery County before filing a petition.
Speak with a Montgomery County Post-Divorce Disputes Attorney Today
While signing your divorce papers might sever the legal relationship between you and your former spouse, it does not prevent disagreements from arising after the divorce. Disputes over the divorce terms or material changes in your financial or living situation may require you to seek court enforcement of the divorce decree or negotiate different custody or financial arrangements.
No matter what action is necessary to obtain a favorable resolution to your case, a Montgomery County post-divorce disputes lawyer can work diligently to get it done. Our knowledgeable team understands how frustrating these disputes can be and seek to make the legal process as easy as possible. Schedule a consultation today to discuss the legal options available to you.