Post Decree Disputes
One of the legal terms related to divorce used in a family law context is post-decree which means after a divorce decree has been issued. Issues handled in post-decree motions are disputes between the parties after the final judgment entered in a divorce case has been entered. Post decree disputes can be addressed through contested motions.
What Are Post Decree Motions?
Post decree motions are how post-decree disputes get in front of a judge. When one party files a post-decree motion, they ask that the court address an issue related to the divorce case. The most important part of this process is that the conflict between the parties must have arisen after the final judgment of divorce was entered. Post decree can vary from several issues but typically is a motion to set aside something that has been heard in the case. Post decree motions are used for:
- Child support
- Parenting time
- Property division
- Alimony and many other things
Each of these needs to be addressed in your state’s post-decree rules. The typical process for making a motion is the same everywhere, though. First, you have to find out what court you need to be in, a family court, and then set up the post-decree hearing. Both parties will be required to meet with a mediator before or during the hearing or both if they so choose.
The Post-Decree Dispute Process
The post-decree dispute process is a court-ordered, legal proceeding after the divorce or dissolution of marriage has been finalized. Still, individuals have not separated or have not done so in accord with the decree. An individual seeking to establish or enforce a provision of a decree may file for post-decree enforcement. After being served, the other party in the post-decree dispute may answer within 20 days. Either party may request a hearing date, which must be scheduled on an expedited basis and conducted within 30 days if possible. The hearing results can include ordering temporary child and spousal support, temporary custody and visitation rights directing the immediate dissolution of real property, selling property titled as community property, selling community property in kind and determining tax exemptions and deductions. If you need help with this legal process, reach out to an attorney at Strategic Divorce for advice and assistance.
Contact Us Today
A post-decree dispute is the most challenging type of family law matter in the family courts. In these cases, emotions can run high and it is essential to act quickly. It is crucial to be represented by a lawyer who understands navigating these challenging cases. The attorneys at Strategic Divorce have negotiated and won many post-decree settlement agreements on behalf of our clients, preparing them for a successful fight against their former spouses. We are prepared to offer legal counsel on your case today and get you results quickly. Call us at (847) 234-4445 and book an appointment today.