After The Divorce
Most people consider the dissolution of a marriage as the end of the divorce process, but that is not always the case. There is often more in store for both parties. There remains the post-judgment phase, which refers to the instance when parents do not agree upon a particular order that was part of the final divorce. Once a divorce is finalized, the court issues an order of agreement, stipulating costs, responsibilities and more. These are particularly common in divorces involving children, although those orders of agreement can be disputed.
Disputes over joint custody order or parenting agreement are not uncommon following a divorce. These disputes would attempt to be settled in mediation before going to litigation.
It’s important for divorcing couples to know they could still end up embattled in another legal matter, despite the fact they are no longer husband and wife. Simple divorces that do not involve children rarely involve any post judgments. However, all orders of agreement are always subject to dispute.
Joint custody can present a slippery slope as both parents assume shared responsibility when it comes to making the important decisions in their children’s lives. This could involve such areas as education, health care, religious training and more. Applying for joint custody after a divorce will first require mediation. Then, the mediator will make a recommendation to the court.
When it comes to joint custody, having both parents work together is key. However, divorced parents have a proven track record of failing as partners. Therefore, it is sometimes inevitable that disputes will arise in the future. They failed to live harmoniously as husband and wife, so it’s no surprise when they fail to live harmoniously as mother and father.
Their inability to settle those disputes could lead to further legal action which requires the intervention of a court. Refusing to pay for certain expenses of children is often the case for these types of disputes. When problems such as these continue to occur, there could also be the option of applying for a change of custody.
There are several reasons why a court would grant a change of custody as the best interests of a child become a top priority. That could lead to another courtroom battle if there is no agreeable solution. Post-divorce issues could also arise after a child becomes an adult.
Even after children turn 18 years of age, there may be a financial obligation to assist with college tuition, or the requirement to pay for continued care of a child who is disabled. An order of agreement could persist into adulthood. When those orders are questioned or compromised, it could lead formerly married couples right back into court.
Some divorced couples remain tied to one another for the rest of their lives as they share a mutual interest in their children. While some post-divorce disputes may seem petty or trivial, it helps to have a divorce attorney on your side to work through any issues that may arise. Many times, when children are involved, issues do arise.