Monmouth County Post-Divorce Disputes Lawyer
When the difficult and sometimes lengthy process of divorce finally reaches its conclusion, the decree and settlement agreements produced are considered to be binding in terms of the responsibilities and rights assigned to each former spouse.
Of course, with the passage of time, circumstances may change in such a way that modification of one or more aspects of these agreements becomes necessary. In such situations, the learned assistance of a Monmouth County post-divorce disputes lawyer should be sought. A qualified divorce attorney can strive to achieve a positive outcome for youFactors Involved in Modifying Prior Settlement Agreements
Though all cases are factually distinct in nature, the courts in New Jersey typically require that any former spouse seeking to modify a prior divorce agreement or order establish that a substantial change in circumstances has happened since the original settlement that necessitates a material adjustment. Common reasons for seeking post-divorce modifications include:
- Notable changes in one party's financial circumstances, such as employment loss or extended disability
- Significant upward adjustment in a party's financial fortunes
- Relocation of a party to another jurisdiction
- Emancipation of child/termination of support obligation
- Desired changes to parenting plan or custodial arrangement
While spouses generally enter into divorce settlement agreements in the hope that compliance will never become an issue, it is regrettably quite common for one or both parties to fail to meet their obligations under the stated terms of the dissolution.
When this happens, the aggrieved ex-spouse will likely need to file a motion for enforcement of the existing order, whether the non-compliance relates to alimony, asset division, child support, parenting time or any other aspect of the existing decree. The subject matter of such motions often involves:
- One party's refusal to facilitate required asset transfers
- Failure to keep up with alimony or child support payments
- Failure to comply with parenting time agreements
- Refusal to pay for medical, educational or other expenses for minor children
- Failure to maintain required level of life or health insurance coverage
The thought of having to re-litigate a divorce case is something nobody relishes, but there are circumstances in which the reluctance of one party to fully comply with prior agreements makes aggressive action necessary.
Whether a modification or enforcement order is sought, it is always necessary to provide the court with concrete evidence of changed circumstances in order to prevail in a motion of this type.
These are the times when the investigative and advocacy skills of a seasoned Monmouth County post-divorce disputes lawyer can make a real difference in safeguarding the rights not only of the harmed ex-spouse but also of the minor children whose interests they must protect.Fighting for Fairness in Modification and Enforcement Disputes
Whether you have had to pursue a modification or enforcement motion or find yourself in the position of defending against an unjustified request for the same made by a former spouse, there is no substitute for knowledgeable legal counsel in terms of achieving a just result.
An experienced Monmouth County post-divorce disputes lawyer will work to keep your life moving forward in a healthy, productive manner while ensuring that principles of fairness are respected in light of altered financial or other circumstances and the legitimate needs of the innocent parties potentially affected.