Your legal issues don't stop the minute you receive your divorce settlement. There are many post-divorce legal issues that may haunt you months or even years after your marriage is legally over. Here are some examples of those issues:
Some of the issues settled during your divorce will need to be revisited if you are remarrying. Here are a few examples of some issues that may change:
- Spousal support – spousal support usually lasts as long as you are single or doesn't cohabit with another person
- Child custody – remarriage doesn't automatically affect child custody arrangement, but the circumstances of the new marriage (for example if the couple move) may call for a modification
- Child support – again, child support isn't automatically affected when you remarry, but the circumstances may call for its modification (for example if your earnings change or the child's wishes change)
After your divorce, you don't expect both of you to live in the same places for the rest of their lives. People move, and the relocation of one parent usually affects the well-being of the child or the practical custody arrangements. Child custody modification is called for every time one of these issues is affected. For example, the custodial parent may not be allowed to move with the child if they don't have good reasons for moving.
A Substantial Change in One Parent's Earnings
Just like remarriage, a substantial change in one parent's income can have far-reaching effects on your divorce terms. For example, if your earnings fall substantially, you may have a legal ground for reducing alimony or child support if you are the paying parent. Alternatively, if you are the receiving parent, you have the right to seek an increase in alimony and child support payments if you have experienced a substantial decrease in your income.
New Evidence after Divorce
Lastly, you may also have to revisit your divorce agreement if you have unearthed evidence that you didn't have prior to the divorce. Of course, this only applies if the discovery would have substantially affected the divorce decree. For example, if you discover that your former spouse lied or hid some assets during the divorce proceedings, you have the right to seek a modification of the terms of your divorce.
In short, the issues settled during your divorce aren't cast in stone; they can always change depending on your post-divorce circumstances. If that happens, you don't have to deal with the same lawyer that handled your divorce; a new attorney will be able to handle your case without any problem. Contact a firm, like Campbell, Dille, Barnett & Smith, P.L.L.C., for more help.Share