Your legal relationship with your former spouse does not always end when your divorce becomes final. When you have children together or are paying or receiving alimony, your legal obligations to each other continue. A well-practiced divorce attorney could help you navigate any conflicts effectively when disagreements arise between former spouses about the terms of their divorce agreement.
If one spouse does not adhere to the court’s orders or wants to modify the order to accommodate a change in their life, an experienced lawyer could share your available legal options. Post-divorce disputes are usually best settled through negotiation, but that is not always possible. An Upper Marlboro post-divorce disputes lawyer could assist a person with this process to ensure their voice is heard.
Resolving Post-Divorce Disputes Out Of Court
When a court issues a divorce decree, it expects the parties to abide by its terms. However, sometimes it becomes clear that one or more aspects of the decree need to be more appropriate, effective, and workable. In such cases, parties can negotiate a solution that works for both and ask the judge to incorporate it into their divorce decree.
A person or group could work with a mediator or negotiate a change through their legal representatives, and an Upper Marlboro attorney could incorporate the agreed change into a legal document both parties would sign and submit to the court. Even when the parties agree, a change to a divorce decree is not effective until a court approves it and issues it as a new order. The parties must adhere to the provisions of the current decree until the judge issues a new one.
Enforcing Orders In A Divorce Decree
A divorce decree contains a court order regarding the division of the couple’s property and alimony, if any is awarded. If the couple has children, the decree may contain a parenting plan that covers physical custody and visitation, child support, and decision-making responsibility. These court orders are final and enforceable, and judges expect the couple to take them seriously and abide by them.
When one party refuses to comply, the other can take them to court to enforce the order. The parent seeking enforcement must present proof of arrears when the issue involves non-payment of child support or alimony. When the issue involves custody and visitation, the parent seeking enforcement must present evidence, such as a log of schedule deviations or texts, voice messages, and witness statements demonstrating non-compliance with the rules for parental behavior.
The Role Of A Skilled Attorney
The judge has broad discretion to take whatever measures will address the problem. A legal professional in Largo could advise a spouse about the types of relief available in their specific situation regarding a post-divorce dispute. When the judge finds one party’s conduct is unjustified, Maryland Family Code § 11-110A allows the judge to compel that party to pay the other’s attorney fees.
Modifications Requires A Substantial Change In Circumstances
Change is a constant, and sometimes changes in life require changes to the divorce decree. Courts will modify their orders when a party can demonstrate that a substantial change in their circumstances has rendered the current order unfair or unworkable.
When a party seeks to change a child support or alimony obligation, they must show that a significant change in one party’s financial condition justifies the modification. For example, an involuntary job loss could be a reason to modify the alimony payment, and a substantial inheritance might be a reason to increase a child support payment.
Sometimes, a parent seeks to relocate with the children, alter a parenting time schedule, or change the way the parents share decision-making authority. These changes would require modifying the parenting plan. Judges will not modify parenting plans unless the proposed change supports the children’s best interests. An Upper Marlboro attorney could help a parent craft a persuasive argument that their desired outcome is the best solution for the children.
Seek Help Resolving Post-Divorce Disputes From An Upper Marlboro Attorney
When you and your former spouse have a conflict regarding some aspect of your divorce decree, you might need help managing the problem. An Upper Marlboro post-divorce disputes lawyer could walk you through all your available legal options.
Our team could help you reach your goals in the dispute. Contact a knowledgeable lawyer at Carmiece Graves Law today to schedule a consultation.
