A divorce agreement, also known as a divorce settlement agreement or marital settlement agreement, is a written document that outlines the rights and responsibilities of each spouse following a divorce. It typically includes provisions for property division, child custody and visitation, child support, spousal support (alimony), and other relevant issues. Both parties must agree to the terms, and it must be approved by a court to be legally binding.
A divorce agreement dispute arises when one or both parties disagree with the terms of the divorce agreement or believe that the other party is not adhering to the terms. Disputes can occur over the division of property, child custody arrangements, or the amount of spousal or child support.
Division of Property
Disputes can arise when spouses disagree on the value of assets, who should receive certain assets, or how to divide shared debts. For example, one spouse may believe that they should receive a larger share of the marital home’s value, or there may be disagreement over who should take on certain marital debts.
Child Custody Arrangements
Disputes over child custody can be particularly contentious. One parent may believe that they should have more time with the children or that they should have sole custody. There may also be disagreements about where the children should live, how decisions about the children’s welfare should be made, or how holidays and vacations should be shared.
Spousal or Child Support
Disputes over financial support can occur if one spouse believes that the amount of support is too high or too low. For example, the paying spouse may feel that their financial circumstances have changed and they can no longer afford the agreed-upon amount. Alternatively, the receiving spouse may feel that the amount of support is insufficient to meet their needs or the needs of the children.
These disputes can arise at the time of the divorce or later on. For example, a dispute may occur years after the divorce if one parent wants to move to a new location with the children or if there is a significant change in one spouse’s financial circumstances.
How Do I Resolve My Divorce Agreement Disputes?
There are several ways to resolve divorce agreement disputes:
Negotiation
Negotiation is a direct discussion between the parties involved in the dispute. This negotiating can be done informally, or it can be facilitated by attorneys representing each party. The goal is to reach a mutually acceptable agreement without the need for court intervention.
Let’s say a couple is divorcing, and they disagree on who should keep the family car. They might sit down together, discuss the issue, and come to an agreement that one person will keep the car but compensate the other for half its value.
Mediation
Mediation involves a neutral third party, known as a mediator, who helps the divorcing couple communicate and negotiate to reach a resolution. The mediator does not make decisions but facilitates the conversation, helping the parties to understand each other’s positions and explore possible solutions.
In a situation where a couple is disputing child custody arrangements, a mediator could help them communicate their concerns and desires. The mediator might guide them toward a solution that prioritizes the best interests of the child, such as a shared custody arrangement with a schedule that minimizes disruption to the child’s routine.
Collaborative Divorce
In a collaborative divorce, each spouse hires a specially trained attorney, and all parties agree to work together to resolve disputes. Other professionals, like child specialists or financial experts, may also be involved. The goal is to reach a mutually beneficial agreement without going to court.
Suppose a couple has complex financial assets that need to be divided, such as a family business. In a collaborative divorce, they would each hire an attorney, and they might also bring in a financial expert to evaluate the business. All parties would work together to reach an agreement on how to divide the assets in a way that is fair and maintains the viability of the business.
Arbitration
Arbitration is a process in which a neutral third party, known as an arbitrator, hears both sides of the dispute and makes a binding decision. It is similar to a court proceeding but is usually less formal and more flexible.
If a couple cannot agree on the amount of spousal support, they might choose to go to arbitration. Each party would present their case, perhaps arguing about the financial needs of the recipient and the ability of the other party to pay. The arbitrator would then make a decision based on the evidence presented, and this decision would be binding on both parties.
Can I Go to Court to Resolve My Dispute With My Ex?
Yes, you can go to court if you and your ex-spouse cannot resolve your disputes through negotiation, mediation, or arbitration. A judge will hear both sides and make a legally binding decision. However, court proceedings can be time-consuming, expensive, and stressful, so they are generally considered a last resort.
What if I Want to Modify the Divorce Agreement?
If circumstances have changed significantly since the divorce agreement was made, you may be able to modify it. For example, changes in income, living situation, or the needs of a child may warrant a modification of child support or custody arrangements. However, some provisions, like property division, are usually final and cannot be modified.
To modify a divorce agreement, you typically need to file a motion with the court and show that there has been a substantial change in circumstances. Typically, modifying a divorce agreement typically involves the following steps:
- Identify the Change in Circumstances: Before you can modify a divorce agreement, you need to identify a substantial change in circumstances. This could be a significant change in income, a change in the needs of a child, a change in the living situation, or other major life changes.
- Consult with an Attorney: If you believe you have grounds for a modification, it’s usually a good idea to consult with a family law attorney. They can help you understand your rights and options and guide you through the process.
- File a Motion with the Court: You will need to file a motion to modify the divorce agreement with the court that issued the original divorce decree. This motion should explain the change in circumstances and why a modification is necessary. You will likely need to provide evidence to support your claims.
- Serve the Other Party: The other party must be served with a copy of the motion, allowing them to respond. They may agree to the modification, or they may contest it.
- Attend a Hearing: If the other party contests the modification, a hearing will be scheduled. At the hearing, both parties will have the opportunity to present their case, and the judge will make a decision.
- Obtain a Court Order: If the judge agrees that a modification is warranted, they will issue a new court order. This order replaces the relevant parts of the original divorce agreement.
Should I Contact a Divorce Attorney About My Divorce Agreement Disputes?
Yes, if you have a dispute over your divorce agreement, it’s usually a good idea to consult with a divorce attorney. They can help you understand your rights and options, guide you through the process, and represent your interests. If you’re looking for a divorce attorney, use LegalMatch to find one in your area.
