Teaneck Post-Divorce Disputes Lawyer
Most people view the finalization of divorce as a chance to move forward with their lives. Ideally, this is true. A binding divorce decree will make arrangements for the distribution of assets, the assignment of debt, and lay out parenting plans for children.
Unfortunately, the smooth execution of these decrees relies entirely on the parties involved. If a former spouse refuses to move out of a home scheduled for sale, fails to provide alimony payments on time, or does not comply with a child’s visitation schedule, post-divorce disputes may arise.
A Teaneck post-divorce disputes lawyer may be able to help. They can work with people to help them understand their rights after a divorce, even if the firm did not help in the initial case. They can then analyze the actions of the parties to determine if a violation has occurred and take the necessary legal steps towards a remedy.
Common Topics that May Give Rise to Disputes
A final divorce agreement must memorialize the rights and obligations of all parties for the future. This requires a full evaluation of a person’s property rights, their obligations to the other spouse, and the creation of a full parenting plan.
These three main topics are the source of most post-divorce conflict. A divorce decree may assign the debt in the marriage to either party. Similarly, courts may grant money in a bank account, control over a family business, or the right to keep a family home to one party. If one of the individuals fails to turn over physical property or does not allow the other to take sole control over a bank account, this can lead to disputes.
In other situations, one former spouse may need to pay alimony to the other. Here, a failure to provide payments on time frequently leads to disagreements. The party who expects to receive these payments can attempt to hold the other in contempt of court for their failure to act in accordance with court orders.
Finally, children are perhaps the most common source of post-divorce disagreements. The parenting plan will outline which parent or parents retain custody. It may also order a non-custodial parent to provide child support. Failures to adhere to these plans are typical examples of post-divorce disputes with which a Teaneck divorce dispute attorney may be able to help.
What Recourse is Available if There Are Suspected Violations?
It is critical to remember that divorce decrees and related child-custody plans carry the full weight of the law. This means that the family courts in New Jersey have the jurisdiction to hear any cases that allege violations of these agreements.
If the argument arises out of property disputes, the case may be a matter for a civil court. A failure to assume a fair share of marital debt or to turn over physical property can fall under the umbrella of a breach of contract. In these claims, a plaintiff could demand that a court enforce the language of the divorce decree and issue an order requiring the defendant to comply.
In arguments concerning the payment of child support or that allege violations of child custody orders, the matter remains in family court. Here, the court has a special interest in doing what is best for the child under New Jersey Revised Statute §9:2-4. Because of this, and the potential need for a modification of an order after a violation, the family court must hear all allegations that concern potential breaches of child parenting plans. A Teaneck post-divorce disputes attorney could help to choose the correct forum for people experiencing conflict after their divorce.
Let a Teaneck Post-Divorce Disputes Lawyer Guide You
Unfortunately, the end of a divorce case and the entry of a final divorce order may not be the end of your worries. As long as both parties to a divorce follow their obligations under the language of the order, everything will be fine. However, either as the product of a misunderstanding of the order or an intentional act of spite, post-divorce arguments are common.
When this occurs, it is essential that you stand up for yourself and protect your rights. These can include the ability to claim property, shift debt to the other party, receive proper alimony payments, or to retain custody of children. In every case, it may be necessary to go to court to enforce these agreements. A Teaneck post-divorce lawyer is ready to represent your interests in these matters. Call today to get started on your case.