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Divorce Agreement Disputes

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Divorce Agreement Disputes

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.

How Do I Resolve My Divorce Agreement Disputes?

Spouses have three ways to resolve an agreement dispute outside of court using the help of a third party:

  • Mediation: Mediation consists of a neutral third party called a mediator helping couples work through the impasse to find a solution.
  • Collaborative: A collaborative is a way to resolve disputes by signing an agreement to work with divorce lawyer to negotiate any issues without going to litigation.
  • Arbitration: During arbitration, each spouse presents evidence to arbitrator to resolve the issue. The arbitrator, a neutral third party, will decide the issue.

Can I Go to Court to Resolve My Dispute with My Ex?

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.

What If I Want to Modify the Divorce Agreement?

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:

  • Children’s issues, including custody, support, and visitation
  • Spousal support

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.

Should I Contact a Divorce Attorney about My Divorce Agreement Disputes?

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. 

Photo of page author Taelonnda Sewell

, LegalMatch Legal Writer

Last Modified: 06-09-2015 04:08 PM PDT

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