Any divorce, whether finalized by a pre-trial agreement, mediation, or a trial, creates a contract between the two parties that outlines their rights and responsibilities. However, it is not uncommon for former spouses to have future disagreements regarding the terms of the deal, especially over elements concerning children.
If you believe your former spouse is in violation of any term of your divorce decree, you have the right to retain a Reidy Law Office LLC family attorney and file a complaint in family court. A Joliet post-divorce dispute lawyer could help you seek to enforce the rights your divorce agreement provides in divorce agreements—or, if necessary, modify divorce agreements before they become problematic.
Every clause in a divorce agreement is enforceable by law. However, there are certain hot-button issues that often create post-divorce disputes in Joliet that require external support from a qualified attorney.
Parents who are not granted primary physical custody of a child are usually given specific parenting time. If the other parent of your child denies your rights in this regard, or if they do not pick the child up according to the established schedule, you can file a complaint.
Some agreements arrange for the payments of outstanding marital debt. If the other party in your agreement does not make the appropriate payments, this can be a source of a dispute.
A post-divorce agreement could be used to establish new rules and obligations for various aspects of your post-marriage life. Unfortunately, people’s lives do change and a modification of a divorce agreement may be necessary in some circumstances.
These modifications can prevent a post-divorce dispute before they happen, especially if you and your spouse can agree to the modification without needing to get a court involved. These modifications typically center around changes to child visitation schedules, changes to support or alimony payments due to shifting financial situations, and medical issues that can affect a person’s ability to provide support or proper parenting for children.
To apply for a modification, you must file a motion in court. If both you and your spouse agree to the change, the court would likely schedule a hearing before a judge to approve of the proposed changes. If only one party wants to make a change, that hearing would instead be scheduled for both parties to argue their side of the issue. A tenacious post-divorce disputes lawyer in Joliet could help you file the initial motion in your case and, depending on what happens next, advocate on behalf of your best interests in court.
Any divorce judgment, whether established by mutual agreement or after a trial, is enforceable by law, so both parties are obligated to follow each and every clause in their divorce decree. If one party believes that the other has not lived up to their end of the bargain, they have the right to seek enforcement by the courts.
A Joliet post-divorce disputes lawyer from Reidy Law Office LLC could help you file the correct motion in court to enforce your rights under a divorce agreement. They could also work to modify judgments when necessary, either with the other party’s consent or not. Contact our office today to see how we could help in your case.