Post-Divorce Disputes in Albany
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.
Things to Consider Immediately After a Divorce
When a divorce is finalized, a number of things need to happen as soon as possible. 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.
What Legal Documents Should Be Updated Or Changed After a Divorce?
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:
- Their last will and testament
- Any powers of attorney
- Healthcare proxies
- Joint bank accounts
- Email accounts or passwords
- Listed beneficiaries for life insurance
A local attorney could help get these documents in order and make the necessary changes. Further, if the other spouse fails to meet their obligations under the terms of the divorce, the attorney could file appropriate motions to enforce the terms agreed upon.
What Should Someone Do if Their Divorce Terms Are Broken?
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 experienced attorney will know how specific courts or judges deal with certain situations, 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 be a challenge. 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.
Know Where to Turn in the Event of Post-Divorce Disputes
In Albany, post-divorce disputes 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 local divorce attorney, you could ensure that you are not taken advantage of by the opposing party. For more information about post-divorce disputes in Albany, call now.