Never Ending
After your final divorce hearing, you breathe a sigh of relief. It's finally over and you can get on with your life, right?
In some cases that's true, but in many divorces there are issues that linger long after the judge's signature on the divorce decree is dry. Some ex-spouses find that the final hearing is only the beginning.
When there are issues regarding property, money or children, all too often there are disputes to be had after the divorce is final. When one party feels it's necessary to change something about the divorce settlement, or call their ex-spouse for a violation of the agreement, the parties generally end up back in divorce court for a showdown.
If a part of the divorce settlement becomes unacceptable due to a material change of circumstances, an ex-spouse may petition the court for a modification of the court order that incorporated the agreement.
Parents often end up back in divorce court. Issue with child custody and visitation can develop into explosive court battles that can last for years. In some cases, the disputes continue until the child is an adult and there's no longer anything for the ex-spouses to fight about.
Child support is another issue that can bring ex-spouses back to court again and again. Over the course of a child's life, a parent's income and circumstances may drastically change. Divorce courts calculate child support based on a number of factors, with each state having its own unique formula. When a parent responsible for the payment of child support has a significant increase or decrease in income that's likely to be long-term or permanent, a petition to modify child support can be filed with the divorce court. In most cases, a child support order will not be modified if the change in income or circumstances does not affect the child support obligation by at least 10%.
When a parent is ordered to pay child support and fails to make the required payments, he or she may be held in contempt of court. The parent who is owed the support must file an action for contempt with the family court to get the ball rolling. Very often these actions for non-payment of child support can keep ex-spouses in court for years after a divorce is final.
No matter what the specific reason, whether it's an issue involving children, property or money, some ex-spouses engage in never-ending divorce battles. While it's always preferable for ex-spouses to either agree or agree to disagree, not all divorces are amicable.
It's not unheard of for issues to drag on ten years or more after a divorce is finalized. With this in mind, divorce lawyers [http://www.totaldivorce.com] often work diligently with their clients in negotiating the original divorce settlement agreement and make every effort to make sure that all details are spelled out clearly so that no stone is left unturned. When a divorce agreement is very specific and thoroughly covers all issues that are likely to lead to a dispute, it is more likely for the divorce to actually be final the first time the court says that it is.
Deborah Smith
Writer about divorce and family law at [http://www.totaldivorce.com]
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