Divorce Modification and Enforcement

Divorce Modification and Enforcement

A divorce decree often contains provisions regarding a number of key issues. It may indicate the property distribution agreement between the couple, child support orders, the parenting plan, custodial arrangements and spousal support information. Sometimes changes may require an adjustment while in others, enforcement is sought after one of the parties did not comply with the original court order.

In some instances, modification can be completed by agreement. The parties may make slight adjustments to accommodate each other. In other instances, there may be a more major change, such as a change in visitation schedule because a parent’s work schedule has changed. The parties may prefer to memorialize this change by having the judge sign off on a modification, effectively altering the original agreement.

In other instances, a party may be the target of a motion to hold him or her in contempt or a motion to modify the existing order. If the parties do not agree, the judge can hear testimony and receive evidence of why he or she should modify the order or enforce the order against one of the parties. Being found in contempt can lead to serious consequences sometimes including jail time. Contempt can also sometimes impact aspects of the case, such as visitation time.

Rather than taking part in a process which may only lead to further contention and involvement between parties who no longer want to be together, the parties may negotiate a settlement. Mediation can sometimes help parties’ at odds reach an amicable solution that is catered to the particular needs of the case. Often when one party makes a concession, the other party may be willing to make similar concessions in hopes of resolving the dispute and avoiding future litigation. Arbitration may also be considered as another alternative in order to more quickly resolve the dispute.

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MEDIATOR OF THE MONTH: Jeffrey Grayson
Divorce Modification and Enforcement