Legal Issues that Might Rise After a Divorce is Final

Finalizing a divorce is a momentous occasion; it signifies the end of one chapter and the start of another. Regardless of whether you're anxious or excited about this milestone, putting the marriage and divorce challenges behind you can be a top priority.

Although your divorce is seemingly complete, situations may arise in the future requiring your need to revisit agreements and talk to your ex-spouse in court, or even attempt to reopen your divorce case.

1. Your ex-spouse fails to pay certain debts assigned to him or her in the divorce – Assigning certain jointly-titled debts to your spouse as part of the divorce settlement does not always mean that you are free of said debt(s). If your name remains on a debt or loan, the creditor may pursue you for repayment if your ex-spouse fails to pay. To address this issue, you may need to file a Motion for Contempt in your underlying divorce case.

2. Your children will eventually grow out of the custody arrangement – Custody arrangements may need adjusted on occasion, particularly as your children grow older. Years after a divorce, a custody and visitation plan may need to be modified if it no longer reflects your child's best interests.

3. Your spouse commits fraud – According to Stange Law Firm, fraud and/or after-discovered property are one of the most viable grounds for reopening a divorce case. As an example, you might be able to reopen your divorce case if you can show that your spouse stashed money in an offshore account and that money wasn't properly accounted for when assets were split, child support was set, or alimony (spousal maintenance) was awarded.

4. You are not receiving spousal support – If your ex stops paying spousal support for any reason, you may need to take action to enforce the order. This can involve a discussion with your ex-spouse or legal intervention.

 5. You or your ex-partner relocate – Even if your divorce was years ago, relocation can still affect both parties. This is particularly true if you share custody of a child or continue to own property together that you or your ex-spouse plan to sell.

 6. Receiving threats from your spouse during the divorce case– According to Kelly Davidzuk, settling your divorce matter while under duress or resulting from threats made by your spouse, may likely be grounds for revisiting divorce proceedings, when supported by evidence. Coercion may manifest itself in a variety of ways throughout a divorce. As an example, your spouse might threaten to take the kids away from you unless you give them the marital home, or they might threaten to hurt your professional image unless you pay more of the bills together.

If these circumstances develop, it is important to handle them immediately and peacefully to avoid the derailment of other aspects of your life.

Note: The choice of a lawyer is an important decision and should not be based solely upon advertisements. Stange Law Firm, PC and Kelly Davidzuk are responsible for the content. 120 S. Central Avenue, Suite 450, Clayton, Missouri 63105.