Updating Terms Through Post-Divorce Litigation
It can be a mistake to assume that your finalized divorce decree is the last word on the dissolution of your marriage. Circumstances can change after a divorce, forcing a reassessment of the original terms, or an ex-spouse can claim their former mate is violating the decree.
At Johnson & Core, LLP, our firm understands that family law matters unfold over a lifetime. A custody arrangement or spousal support order that worked a year ago may need to be revised. And holding each party in the divorce accountable for their post-decree behavior is crucial to the settlement being truly fair.
How Post-Divorce Legal Actions Work
Post-decree divorce litigation is set in motion by a filing a legal action known as a motion. This will be filed in the court that originally decided the case if the matter concerns underage children. Typically, a motion is filed for one of two general reasons:
- An ex-spouse determines that the other party has violated an order contained in the decree, such as custody/visitation, paying child support or providing alimony.
- Circumstances have changed for an ex-spouse such that they are not able to meet their responsibilities related to the decree and seek an alteration for that reason.
In the case where the conflict is over the alleged violation of the divorce decree, the party filing the motion may seek to have the judge charge the other party with a contempt action to force them to comply. For motions filed to change the terms of the decree when no violation has occurred, the judge will apply a number of legal tests to determine whether to grant the motion.
It Is Never Too Late To Make Things Right, And We Can Help
The best interests of your family matter, no matter how long you have been divorced. We work with clients across the Columbus metro area and, as natives of Ohio, both of our divorce attorneys draw on years of experience in divorce and related legal matters within the state.