During a divorce, many couples choose to create a divorce agreement to resolve issues like property division and child support. However, divorce agreement disputes do arise after the divorce is finalized. If you cannot resolve these issues by talking to your ex, you do have other options to resolve the issues and enforce the agreement.
Spouses have three ways to resolve an agreement dispute outside of court using the help of a third party:
Yes, either spouse can file a post-judgment motion in court to enforce the divorce agreement. The court will make the non-complying party follow the terms of the agreement in the final agreement. The non-complying spouse will also have to pay court costs.
One spouse can modify a divorce agreement when there has been a significant change in their circumstances after the divorce is finalized. This requires filing a court petition to modify the agreement. However, the spouse cannot modify the entire agreement, only the specific issue related to:
Both spouses will have to attend a hearing and present evidence to while the issue should or should not change.
Issues such as the division of property typically cannot be changed after a divorce agreement is finalized.
Yes, post-divorce issues are fluid and complex. You may need to discuss any divorce agreement disputes you have with a divorce attorney before trying to resolve them with an ex-spouse.
Last Modified: 06-09-2015 04:08 PM PDTLaw Library Disclaimer
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