Even after a divorce is finalized, you may still have legal obligations from your marriage to tend to. Agreements made with your former spouse during marriage or settlement orders imposed by a judge must still be adhered to, even though your marriage no longer exists.
As situations change, modifications to agreements may be necessary. However, if a spouse avoids these responsibilities or fails to adhere to a divorce settlement agreement, you could pursue legal action against them. If you need assistance with this process, enlist the help of a post-divorce disputes lawyer in The Colony. Contact our firm today to discuss your unique situation with a dedicated divorce attorney.
Post-divorce disputes typically arise because one party is unhappy with aspects of the settlement, or they wish to continue fighting. Sometimes, a former spouse is more interested in arguing than actually changing the orders.
However, there are legitimate reasons to reconsider arrangements made at the time of divorce. As time passes, needs and circumstances change, and sometimes those changes merit a modification of court orders. Situations that could support reconsidering alimony, child custody, or child support include:
A post-divorce dispute attorney in The Colony could review a spouse’s situation to determine whether a material change in circumstances merits modification to the court’s order. If so, they could work with the spouse to reach a satisfactory resolution. Conversely, they could defend against any attempt to modify the order or take the other spouse to court to enforce an existing order.
When there is reasonable cause to modify an order concerning alimony, child support, custody, or conservatorship, a court will typically honor an agreement that both spouses agree upon. Negotiation is almost always the better strategy because it is faster, less expensive, more private, and allows the parties to make their own decisions rather than transfer that authority to a judge.
If the parties communicate well, they could make acceptable arrangements between themselves. If a dispute cannot reach a mutual settlement, divorce attorneys in The Colony could handle the back-and-forth. Sometimes, working with a mediator can prove helpful.
Once the parties have agreed on the modifications, a post-divorce disputes attorney could review it to ensure the legal requirements are met. If so, the parties can file the agreement with the court. Courts almost always honor an agreement spouses reach together, unless it is clearly unfair or not in the best interests of the couple’s children.
Texas is a community property state, and sometimes a spouse will hide, transfer, or waste assets to avoid sharing them with the divorcing spouse. If a spouse later learns of the other’s fraud, they could sue the withholding spouse.
The suing spouse must present proof of the withholding spouse’s wrongful conduct. However, if the judge accepts that a spouse intentionally and wrongfully withheld assets from the community estate, the judge can force the spouse to correct this wrongdoing. Texas Family Code §7.009 allows a judge to order the following:
Prosecuting these actions requires significant financial expertise to identify and assemble proof of fraud. An attorney in The Colony has the knowledge and experience to bring these cases following a post-marriage dispute.
It is normal for former spouses to disagree. A legal response may be required if a mutual decision cannot be made. A seasoned family law attorney could help you develop the most effective and appropriate strategy in your case.
A post-divorce disputes lawyer in The Colony could provide dedicated representation until your situation is resolved favorably. Make an appointment today to speak with an experienced legal advocate.
Our Law Firm’s approach to your case is based on individual circumstances. Whether it is a simple negotiated settlement, or it requires an aggressive approach, we will protect and defend your best interests.
