Marietta Post-Divorce Disputes Lawyer

Your post-divorce circumstances may be different from what you expected. Your ex may fail to pay child support or abide by the visitation schedule established by the local family court. You might be relocating and need to modify your child custody arrangement. Or, you may have recently lost your job after being ordered to pay spousal support.

Situations like this can be challenging and may lead to more litigation after your divorce. Fortunately, there are several ways to address these issues, including modifications and contempt of court actions. A Marietta post-divorce disputes lawyer can discuss your case’s specific facts and recommend the best legal options. Let one of our well-versed attorneys help you tie up any loose ends left by your final divorce decree.

Potential Legal Issues after Divorce

Even the most comprehensive marital settlement agreement or divorce decree cannot account for all potential legal issues after divorce. Since a divorcing couple must address all of their marital issues upon separating, there may be several things you need to go to court for after your marriage is terminated.

For example, you may wish to relocate out of state after your divorce, and your current custody schedule will not work for your kids after you move. Alternatively, your ex may not be complying with the court-ordered visitation schedule (i.e. failing to take your children to their scheduled activities).

Additionally, if the court ordered you to pay spousal or child support, or both, you may petition the court for modifications post-divorce if your circumstances change substantially. An example of qualifying circumstances is losing your job and needing to decrease the support you pay or increase that which you receive from your ex.

Assets and Debts

If the court awarded you a portion of your ex’s assets or retirement accounts, but your former spouse refuses to transfer those funds to you, one of our lawyers can help you take legal action. Post-divorce litigation may also be warranted if it is later discovered that your ex hid or withheld assets and debts during the discovery portion of your marriage dissolution.

If your ex has not paid their share of the marital debts, lenders are harassing you, and missed payments are damaging your credit, a Marietta attorney can assist with any post-divorce disputes. Whether you need to modify your divorce decree or secure your ex’s compliance with its existing terms, we can help.

How Can You Modify the Time-Sharing Schedule?

Many post-divorce disputes concern custody and visitation issues. Georgia Family Courts make custody orders based on the circumstances existing at the time, but circumstances can change rapidly as children get older. Courts want children to have stability, and so parents may request a change to the time-sharing schedule only once every two years.

Ideally, you and your co-parent will agree that a change is necessary and will work together to make a mutually acceptable arrangement. Our Marietta attorneys will submit the new time-sharing plan to the Family Court judge post-divorce. They will review it to ensure the change supports the children’s best interests.

Relocation Issues

People start new lives when they divorce, and that often means pursuing job opportunities or relationships in another location. Special rules apply when a parent wants to relocate with the children and the move means the custody and visitation schedule must change.

Moving more than 50 miles away or to another state requires the co-parents’s approval. The parent who wants to move with the children must notify the co-parent in writing, including all the pertinent details, at least 30 days before the proposed move. If the co-parent consents, the parents will propose a modification to the parenting plan and submit it to the Family Court for approval.

If the co-parent objects, they can file a motion in court to enforce the existing parenting plan or modify it to transfer primary physical custody to the objecting  parent. The Family Court judge will hear evidence from both parents and make their decision based on the children’s best interests. A Family Court judge cannot keep a parent from moving but they can prevent them from taking the children.

 Modifications  Based on Changes in Circumstances

If you and your former spouse disagree about whether a change to parenting time, child support, or alimony is necessary, the person advocating for a change must petition the court. Our attorneys in Marietta can help you demonstrate that a modification is necessary because of a material change in circumstances.

Sometimes one parent wants to change the custody arrangement over the objections of the other. The requesting parent must show that new circumstances merit the change and that it is in the children’s best interests. Examples of circumstances that could merit a change include:

•  A custodial parent’s chronic or severe health problems
• A parent’s illness, addiction, or other indication of unfitness
• Presence of a third party with a child abuse or domestic violence history in the home;
• An older child’s desire to live with the other parent.

A Family Court Judge could also require visits with a parent be supervised if the other parent raises credible concerns about the children’s safety.

When the change has to do with child support or alimony, a material change is often financial. Job loss, a windfall, or remarriage could change someone’s economic circumstances so that a modification of alimony or child support is appropriate. A change in the child’s needs, such as an illness or learning disability, could also merit a change in the child support obligation.

Resolving Conflicts after the Dissolution of Your Marriage

Sometimes a former spouse refuses to comply with the orders the Family Court judge included in the divorce decree. Usually the best strategy is to identify the reason for the non-compliance and try to negotiate a modification addressing it.. However, when attempts to resolve the matter out of court fail, you may need to go back to court.

If you ex does not comply with the terms of your divorce order, they may be held in contempt of court. To successfully hold your ex-spouse in contempt of court, Official Code of Georgia Annotated §19-6-19 requires you to prove that:

1. You were awarded child custody, child support, spousal support, or some other form of relief;
2. The offending party has failed to comply with the court’s orders; and
3. The offending party’s failure to comply was willful (i.e. they had the means to pay child support and simply refused to do so).

After your petition is filed, you must serve it to the offending party by having either a sheriff or another authorized person deliver it to them. If your ex is found to be in contempt of court, they may be ordered to:

• Pay a monetary fine
• Comply with the court order
• Reimburse you for your legal fees
• Report to the local detention center for a period of incarceration

Talk to a Marietta Post-Divorce Disputes Attorney

If you and your former spouse are involved in a post-divorce dispute, there may be several legal solutions depending on your situation. Our firm’s lawyers can guide you toward achieving a favorable resolution. Call our intake team today to consult schedule an appointment with a Marietta post-divorce disputes lawyer.