Post Divorce Legal Issues
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What Are Some Post Divorce Legal Issues?
Even when a divorce proceeding is finalized, there may still be some legal issues facing each party. Divorce is only the beginning of life-long changes that can take some time to fully resolve. Some common post-divorce legal issues that need to be confronted include:
- Spousal support modification: Some “special circumstances” may allow for an alimony order to be modified.
- Moving to a different state: Moving can affect issues like child custody or visitation.
- Unresolved property issues: Property distribution can take a long time to fully resolve. Sometimes, an item of property may be overlooked and may need to be taken into account.
- Issues with estates: How property is meant to be distributed in the event of one of these spouses may need to be revisited after divorce. Wills and trusts may have once expressed the wishes of the parties, but may need to be updated to ensure these devices represent their current desires.
- Remarriage: Legal effects of remarriage can affect child support, child visitation, and inheritance through a will.
It is also possible for new issues to arise after the divorce. For instance, if new information surfaces after divorce – such as information about joint business ventures – the parties may need to review their legal options.
Can the Ruling of a Divorce Judgment Be Modified?
One of the more frequently asked questions regarding divorce is about modifying spousal support or alimony. Spousal support may change after divorce according to the needs of either person. For example, if either one of them landed a different job, or lost a job, the appropriate amount of support may need to be adjusted. Additionally, spousal support may be modified or even cancelled if the receiving party gets remarried.
Similar changes can be made with regards to child custody, visitation, and support. These issues are often deemed “finalized” with a divorce, but they may change over time. Thus, post-divorce decisions and changes can often have more impact in the long run than the initial court rulings set forth during the divorce trial.
Do I Need a Lawyer for Post-Divorce Legal Issues?
Post-divorce legal issues often require the assistance of a qualified family law attorney. You should hire a lawyer if you discover any legal issues or concerns after a divorce proceeding, particularly if the opposing party is represented by an attorney. Your lawyer will be able to advise you on how to proceed, and can offer you valuable legal advice and representation to help resolve any post-divorce issues.
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Last Modified: 06-06-2014 03:27 PM PDT
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