In an ideal world, divorce resolves all the issues between a couple, and both parties can move on with their own lives. In the real world, a breakdown in the marriage does not necessarily mean an end to the relationship. Many divorced couples must find a way to co-parent after the end of a marriage. Even those without minor children may need to modify or enforce divorce agreements. A well-practiced divorce attorney can help with resolving issues after a divorce in Stamford.
When a couple shares minor children, a divorce does not end their relationship. Instead, it shifts the relationship from spouses to co-parents. The goal is for the divorce agreement to facilitate that new relationship by establishing the terms for co-parenting.
A well-prepared divorce agreement will specify who has possession of the children at specific times, delineate decision-making responsibility, and clearly outline each party’s financial obligations to the children. However, these agreements reflect conditions at the time of the divorce. Life changes may require a change to the plan. Connecticut law permits changes to agreements where there is an ongoing relationship.
Generally, there needs to be a material and significant change in circumstances to modify a custody or support order. A long-distance move, change in earning ability, illness, remarriage, or another child’s birth are all significant changes in circumstances. Short-term changes in circumstances, such as a job loss, may not impact an agreement. However, it could affect enforcement. Furthermore, parental alienation, criminal convictions, addiction, and a child developing special needs are all conditions that can support a modification.
Some couples can handle evolving issues independently, and courts are happier to see agreed modification requests. However, people should not feel guilty if they need a lawyer’s help. Stamford family law attorneys have experience in navigating post-divorce disputes.
One of the challenges facing some divorced couples is enforcing a divorce agreement. Many people like to act like both parties are in the same position during a divorce—two people who no longer want to live as a couple, but who are rational and reasonable. Unfortunately, that does not describe every person.
Some ex-spouses continue the same behavior that led to the divorce. They might intentionally violate the divorce or custody agreements. For some, it is a way to retain power and control over an ex-partner after a divorce.
Dealing with ex-spouses on one’s own can be emotionally draining. That is why it is critical to get help. A proactive Stamford lawyer can help with enforcement issues after a divorce.
In many cases, a divorce agreement will end the relationship between two parties. Even if a divorce settlement is unfavorable, modifying it may be difficult or impossible without an ongoing obligation. Spousal support, child support, and child custody arrangements are the three most common types of continuing obligation. Because every decree is unique, a couple might also have other unfinished business.
To determine whether or not a modification is likely, one must consider the idea of an ongoing obligation. If circumstances change, modifications are a possibility; without a change in circumstances, modifications are less likely. So, resolving issues after a Stamford divorce will depend on establishing evidence of change. The legal standard for a modification is the substantial and material change of circumstances.
Connecticut has an interest in the finality of divorce settlements. So, it only considers modifications if there is a change in circumstances. Plus, it will enforce decrees against the non-compliant party. If you need post-divorce remedies, we can help. Please schedule a consultation with one of our skilled family law attorneys to learn more about resolving issues after a divorce in Stamford.