While most of us are under the belief that when the judge signs the final divorce decree, the divorce is finally, really, over, in some cases the end may not really be the end. In fact, in the rush to end a broken marriage, crucial details may have been missed. In some cases, unforeseen situations arise which must be readdressed. Whatever the reason you may have for requiring Sarasota post-divorce litigation, the attorneys at The Law Place can help. We have a solid understanding of the issues surrounding divorce and appreciate how difficult it can be when you are forced to return to court to tie up loose ends from your marriage. The Family Law Place offers every client the post-divorce legal representation they deserve and we will do the same for you, fighting every step of the way for your best interests.
Worst Case Scenario?
In what must surely qualify as a worst case ever regarding post-divorce litigation, billionaire Steve Cohen and his ex-wife divorced some twenty-five years ago, yet have been embroiled in one form of litigation or another ever since. Although his ex-wife received $5 million as part of the division of marital property at the time of the divorce, just five years ago she brought another suit—in a line of such suits—claiming Cohen hid assets during the Florida divorce. What this may mean is that when significant assets are on the line, a divorce may go on for a very long time. Obviously this is a worst-case scenario; many people find there were simply issues which were overlooked during the divorce and now must be sorted out.
Examples of Post-Divorce Litigation
While there can be an abundance of reasons to engage in post-divorce litigation, some of the more common reasons include:
• You are attempting to remove your ex-spouse’s name from your assets (awarded to you in the divorce) such as a vehicle registration, but your ex refuses to cooperate and will not communicate regarding the issue.
• Your ex was awarded a debt on a joint credit account (on which your name remains). You find out, after the fact, that he or she is failing to make the required payments, resulting in a negative mark on your credit score as well.
• The child support which was ordered in the divorce is not being paid on time as ordered.
• Your ex has claimed the children on his or her taxes, even though the court awarded you the right to do so.
• Your child custody agreement simply is not working, and you feel there is no choice but to return to court to seek changes.
• Your spouse was ordered to obtain his or her own health insurance and be removed from your health insurance through your employer yet refuses to comply.
• Your ex has stopped paying court-ordered spousal support, claiming you “don’t really need it.”
• You are the one paying spousal support, yet your ex has been living romantically with a partner for a couple of years.
In cases in which circumstances have significantly changed since the time of the divorce, it may also be appropriate to engage in post-divorce litigation. In any case, it is important that your ex realize your divorce decree is neither a suggestion nor a guideline—it is an order. If your spouse willfully violates your divorce decree, he or she is engaging in contempt of court. If child support or parenting time is the issue, you may be able to file a Motion for Civil Contempt/Enforcement. On the flip side, if you are the spouse with the obligation and your delinquency is due to economic hardship, and through no fault of your own, you may be able to request a modification of the original court order.
Post-divorce litigation may also be appropriate when a child suffers a lengthy illness, and the medical bills are stacking up, or when a parent becomes incapable of earning a living due to injury or illness. If a parent’s business takes an economic downturn or loses a job, relief may be available for such instances of economic hardship. Whatever the reason for your post-divorce litigation, the lawyers at The Law Place can help. We have the resources and the experience necessary to fight on your behalf for an equitable resolution to your issue.