Marriage dissolution can be a complicated and stressful process for those involved. Couples await the day that their divorce is finally finalized, only to find that conflicts may still arise after the process is over. Often, arguments regarding property and payments still come up after the conclusion of a separation case in court.
Circumstances surrounding divorce and family life are ever-changing. If you find yourself needing to make changes to your divorce arrangements or are facing a request from your ex-spouse to do so, a skilled divorce attorney could help. A dedicated lawyer could ensure that Prescott post-divorce disputes are handled in a way that reflects the best interests of your family.
Under some circumstances, ex-couples may find themselves in need of official judgment regarding expectations outlined for them in their divorce proceedings, even after the case has closed. In Prescott, these cases are referred to as “post-divorce disputes.”
A post-divorce dispute is not the same thing as a divorce appeal. Under Arizona Revised Statute 25-1064, parties involved in a legal divorce have the right to appeal the distribution of property or the assignment of payments after divorce proceedings conclude. These appeals, if granted, extend the original court case, sometimes moving the case to a higher court.
Disputes, comparatively, tend to arise after dissolution proceedings have ended. These cases are considered separate from the initial divorce case.
State courts will take on post-divorce disputes under a multitude of circumstances. Reasons for reviving a divorce case in court can include:
Parties who wish to pursue post-divorce disputes in Prescott must file a petition for their case to be heard in court. As with common divorce proceedings, a couple must file these petitions in the county where they were married.
Parties looking to address concerns regarding child custody often bring post-divorce disputes back to a Prescott court. In these cases, the allocation of parental rights can be disputed and redistributed depending on the evidence brought forward by the parties.
Most courts will only change a divorce’s custody arrangements if the parties involved can prove that the circumstances surrounding their living arrangements, wages, health, or other factors have radically changed since the original divorce case. Some courts may also intervene if it seems as though an altered custody arrangement may be in the best interests of a couple’s children.
In cases where child custody or child support are being adjusted, courts may award representation to a minor courtesy of a guardian ad litem. The role of a court-appointed guardian ad litem is to protect the best interests of the child. They may discuss the case’s concerns with the child in question and, in response, submit an opinion regarding the child’s care to the attending judge.
Alimony, also referred to as spousal support, drives many ex-couples back to court. Financial circumstances are ever-changing, and it is not uncommon for someone paying alimony to want to reduce or repeal a court’s assigned alimony payments.
Spouses who quit their jobs, turned down promotions, or otherwise willfully worked to reduce their income will not have their requests for reduced alimony considered in court. However, if an individual can prove that they had no willful hand in the loss of their job or reduction in pay, then a judge may bring their case before a court. A local attorney experienced in post-divorce disputes could help individuals navigate changes to an alimony agreement.
Post-divorce disputes can be legally complicated. Whether you are seeking to make changes to a divorce agreement or are facing complaints from an ex-spouse, the guidance of a legal professional can be highly valuable. A knowledgeable lawyer could help you navigate Prescott post-divorce disputes while protecting your rights and your family. Call today to learn more.
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