Certified Family Law Specialist, State Bar of California, and Board of Legal Specialization

Unfortunately, a divorce is not always over when the judge signs the decree. Parents must continue to raise their children together, often leading to disagreements about their health, education, or religious training. Disputes about property, spousal support, or divorce decree enforcement can also arise after a marriage is dissolved.

If you and your ex cannot resolve an issue between yourselves, it is vital to have a practiced Simi Valley post-divorce disputes lawyer fight for your rights. Our skilled divorce attorney understands the importance of efficiently managing post-marital disagreements, so you can continue to move forward with your life.

Post-Divorce Matters Decided in Simi Valley Family Court

Even the most comprehensive divorce decree or marital settlement agreement cannot prevent disputes after a marriage ends. It is common for a party to need to modify or enforce their divorce terms. In each of these circumstances, a knowledgeable attorney in Simi Valley could advise a party of the legal process to either modify an existing divorce term or secure the other party’s compliance through contempt of court.

Child Custody and Visitation

As children grow up and become more involved in school, sports, and other extracurricular activities, the custody schedule set for them in the divorce decree might no longer be manageable. Or one parent might not adhere to the parenting plan’s terms. In either scenario, a parent may need to petition to modify child custody.

Child Support

After a divorce, a parent may lose their job or become disabled and unable to work. Or a child could develop special educational or medical needs not anticipated when the parents separated.

If substantial changes in a parent’s income or a child’s expenses occur after the marriage ends, it may be necessary to modify the child support order.

Property and Debt Division

A judge may order a spouse to receive certain marital assets within a divorce decree, such as a share of the marital home proceeds. Unfortunately, a party could refuse to cooperate in the sale, requiring court intervention.

A spouse might also be obligated to pay a portion of the couple’s marital debt. If the party fails to comply with these terms, creditors may harass their former spouse and report them to the credit bureaus.

Legal Process for Modifying Divorce Judgments

When the terms of a divorce decree are no longer working, either party can petition the court for a modification. The party seeking to revise the judgment must prove that there has been a material or substantial change in circumstances since the divorce decree was entered.

It is essential to note that not all provisions in a divorce judgment can be modified. For example, some spousal support terms are deemed nonmodifiable either by agreement of the parties or operation of law. Accordingly, someone considering revising their divorce decree is well-advised to consult a dedicated lawyer in Simi Valley to assess their situation.

Resolving Post-Marital Conflicts through Contempt of Court and Enforcement Actions

When a former spouse deliberately refuses to comply with a divorce term, the other party may have no other option but to seek court intervention. Common examples of willful violations include failing to pay spousal support, dividing marital property as instructed by the court, or reimbursing the other party for childcare expenses.

The non-offending party can petition a court to enforce the settlement agreement or hold the non-compliant spouse in contempt to secure compliance with a divorce decree. If a judge finds the party in contempt, they can take several actions, including:

  • Appoint a trustee to liquidate the marital assets
  • Require the uncooperative party to fully comply with the divorce terms
  • Garnish the nonpaying party’s wages for unpaid child support
  • Order the non-compliant party to reimburse the other party for the legal fees incurred for the enforcement or contempt action

Court proceedings to resolve post-divorce disputes can be complex. A party attempting to secure compliance with a divorce decree or custody order could benefit from consulting a qualified attorney in Simi Valley.

Address Post-Divorce Disputes Effectively with a Seasoned Simi Valley Attorney

Dealing with new legal matters after your divorce is finalized can be highly frustrating. If you and your former spouse cannot effectively manage these conflicts, a dedicated Simi Valley post-divorce disputes lawyer could provide you with the guidance you need to resolve your case successfully. Call today to discuss your legal options with a member of our respected legal team.

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Hoffer Family Law Firm