michigan Post-Divorce Disputes Lawyer
If you are like many people who have gone through a divorce, you likely breathed a sigh of relief once the final decree was entered. Unfortunately, that feeling of finality can disappear if your former spouse does not comply with the terms of the final order or tries to modify it down the road.
The good news is you do not have to face post-divorce disputes alone. A dedicated attorney could help you deal with these disputes and either enforce the terms of the final order or modify it to account for new circumstances. Work with a post-divorce disputes lawyer to maximize your chances of obtaining a favorable outcome.
Common Examples of Post-Divorce Disputes in Oakland and macomb County
Post-divorce disputes in our area take many forms. Issues could arise shortly after a divorce is finalized or years later. These disputes can occur if one spouse fails to comply with the terms of the decree or if the decree no longer works due to a significant change in circumstances. Common fact patterns that result in post-divorce disputes include:
Changes in custody
Terminating spousal support
Modifying spousal support
Modifying child support
Changes in visitation schedules
Enforcing a Divorce Decree
Some post-divorce disputes arise because of one party’s failure or refusal to comply with the terms of their final divorce order. Examples include a refusal to comply with the custody schedule or to make required spousal support payments. In these cases, the other party can take certain steps to enforce the terms of their divorce order. An attorney could help resolve a post-divorce dispute by pursuing legal action to enforce these terms.
The options available for enforcement depend on the circumstances. Oftentimes, the court will enter an order for a former spouse to comply with the decree. In some cases, however, the court could take additional legal action and require the transfer of title of ownership over a disputed property, for example. The court could also award interest for overdue payments.
The primary tool available to the court in a post-divorce dispute is a contempt finding. If a judge determines that the either spouse has flouted the orders of their divorce decree and refused to comply, the offending party could be found in contempt of court and may face steep fines as well as incarceration. Requesting a contempt finding can be made easier with the professional help and guidance of a local post-divorce disputes attorney.
Modifying a Divorce Decree in Oakland and macomb County
In some cases, a change in circumstances for either party could render an existing order obsolete. Changes in circumstances which might warrant a post-divorce modification include:
Either party’s sudden loss of, or increase in, income
Either party’s decline in health
Their children’s needs
Substance abuse by either party
However, local courts will not modify the terms of a divorce decree on a whim. To qualify for a post-divorce modification, either party must establish that a material change in circumstances has occurred. It is not uncommon for the other party to dispute a proposed modification, especially when the request involves a change in financial support or child custody. For this reason, meeting with a local attorney could provide invaluable insight into what constitutes a material change in circumstances in cases of post-divorce disputes.
Talk to a local Post-Divorce Disputes Attorney Today
If you are facing a post-divorce dispute, enlisting the help of an experienced legal representative could be in your best interest. These disputes can have serious ramifications on you and your family.
Let a local post-divorce disputes lawyer on our team review your situation and advise you of your legal options. Call our firm to schedule a private consultation today.