Post-Divorce Disputes in NYC
In some cases, when a marriage has ended and the divorce process has been finalized, the couple is able to part ways for good. However, issues sometimes arise after divorces creating post-divorce disputes between the formerly married couple. While individuals have a few options when it comes to post-divorce litigation, the most common form in New York is modifying a divorce decree. In this case, one of the ex-spouses may seek to have their divorce decree modified if the previously agreed terms can no longer be met.
There are a number of issues that can arise after divorce especially if the terms of your divorce decree are no longer applicable to your current situation which include noncompliance with financial obligations by either party or repeated violations of visitation and/or child custody orders. In these situations, it may become necessary to revisit the divorce agreement and revise some of the terms.
Any agreements regarding modifications require both spouses working with the courts and to find the appropriate settlement. In all instances of pre or post-divorce litigation, it is advisable to work with an experienced divorce attorney in NYC.
Reasons for Seeking A Post-Divorce Litigation
In many cases, the substantial and unanticipated change in the financial situation of either ex-spouse is the most common reason that necessitates a review of the financial situation and adjustment to the agreement or prior court order. Other changes that may cause the original divorce agreement to no longer be fair or workable include:
- The loss of a job
- One of the parent’s desire to relocate for employment or other reasons
- One of the ex-spouses experiencing a substantial change in income
- A change in your child’s educational or health care needs
- One of the ex-spouses developing serious illness or physical or mental disability
It’s also important to keep in mind that you will need to provide the necessity of the modification or order, such as proof of unemployment, or transfer of employment, or change in the ex-spouse’s own health circumstances.
We can also help individuals if they require the assistance of an attorney in the enforcement of orders of support, child custody and child visitation. If you are having an issue with any of these cases, it is important to act promptly before any post-divorce dispute becomes overly heated or the parties become further engaged in unpleasant or even irate conversations.
Resolving Post Divorce Disputes
While the issues leading to post-divorce disputes frequently arise from the nonpayment or requests for modification of payment of child support and spousal maintenance, or the disregard or lack of cooperation in complying with custody agreements and visitation previously ordered by the court, they do not always occur as of a result of willful fault.
Most of the time, they arise because one party is unable to meet the terms of the original divorce agreement. Similar to how your original divorce settlement was created, you and your attorney will need to work through the court and with your former partner to create a change or modification of the divorce orders that the court will approve. Often times, you and your attorney will be able to work through the court and your ex-spouse to create a change or modification, especially if your ex-spouse is amicable. However, you will require legal representation to compel or enforce appropriate behavior or adherence to the court orders or divorce agreement if your former spouse is unwilling to agree to the new terms. In these cases, the orders and modifications will need to be taken back into the courts. Similar to divorce cases, if you are able to have these issues settled prior to needing a judge’s intervention is the best and least disruptive approach to any post-divorce dispute.
Hire An Attorney Who Is Familiar With Post Divorce Disputes
Paul E. Rudder, Esq. has extensive experience in the area of divorce law and has handled many such cases. In general, all post-divorce disputes in New York City require the close attention of an experienced divorce attorney who is familiar with these types of cases. You will be required to prove the necessity of the modification you are seeking in order to prove to the court that your request for changes are valid.
Schedule A Consultation
If the terms of your divorce decree no longer reflect your present-day reality, you may find it necessary to modify the decree so you can establish a new arrangement that is fair under your new conditions. To speak with an experienced divorce lawyer in NYC about your post-divorce dispute, please contact attorney Paul Rudder ESQ at (212) 826-9900. We serve the NYC area, including Manhattan. Our office is located in Midtown.