Many conflicts that arise from the dissolution of a marriage can be settled in a divorce proceeding. However, this is not always the case. Some people fail to live up the agreements set forth, while others may experience a change in their home or employment that may require modifications to the divorce agreement. No matter the reason, a competent divorce attorney could help you address post-divorce disputes in Albany and fight for your rights as laid out in the settlement.
To pursue a divorce in Albany, a number of things need to happen as soon as possible to avoid future disputes. Depending on a party’s individual circumstances, sometimes real estate needs to be transferred or retirement accounts need to be apportioned in accordance with the settlement. Child custody must also be adhered to. It is important that all assets are distributed in the way they were outlined as quickly as possible.
Once a divorce is finalized, it is best to update official legal documents as soon as possible. Among the documents that a newly divorced person will want to change or update are:
An Albany attorney could help get these documents in order and make the necessary changes to try and mitigate the possibility of post-divorce disputes. Further, if the other spouse fails to meet their obligations under the terms of the divorce, their attorney could file appropriate motions to enforce the agreed upon terms.
If someone believes their terms of divorce are being broken, they should call their attorney immediately. If the opposing party continues to not obey the terms, it may be necessary to file a motion practice either in Family Court or the Supreme Court, depending on the type of issue on which they are seeking enforcement.
The most common terms of divorce that are violated are relating to child custody, child support, sale of the marital residence, and division of retirement assets. An Albany attorney will know how specific courts or judges deal with certain post-divorce disputes, and could use that knowledge to give a good impression and speed up the results.
If one of the divorced parties experiences a change in employment, that could impact child support obligations. Whether that change is lack of income, a change in work schedule, or the need to move somewhere that makes visitation difficult, these things can create challenging disputes between divorced spouses in Albany. If one of the parents moves far enough away, this might necessitate the need for a modification petition to alter the divorce terms in order to account for this change. Modifications can also be used to enforce equitable distribution such as the sale of the home or division of retirement assets.
If there needs to be an enforcement or change in child custody, the Family Court typically has concurrent jurisdiction with the Supreme Court. Unless the divorce judgment states otherwise, one can file a petition in Family Court seeking enforcement on the custody order. If there is an issue with finances or the equitable distribution of the marital estate, that would be filed in the Supreme Court of the county that handled the divorce itself.
Post-divorce disputes in Albany are not uncommon. Some arise out of life changes, while others may be the result of deliberately breaking the agreed-upon terms. By taking proper action early and consulting with a family law attorney, you could ensure that you are not taken advantage of by the opposing party. For more information about navigating legal disputes after your divorce, call now.
Colwell Law
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(518) 462-4242
200 Great Oaks Blvd