Post-Judgement Litigation in the Divorce Process
Many people in the midst of a divorce keep themselves going through the ordeal by imagining that someday, somehow it will end and that their "worries will be over." For many, that day never really happens. As all divorced parents soon discover, divorce ends the marriage, but a former couple remains parents to their children. Parents are "parents for life" means former spouses may see each other in court again in post judgment litigation concerning child support, custody and visitation. But even before that, some former spouses meet each other again in court after the divorce judgment because one or the other is unhappy about the divorce judgment, the outcome of the case.
Post judgment litigation, motion-based litigation that follows a judgment by the court, includes appeals and motions involving spousal support, custody and visitation. In divorce, post divorce litigation means, "it’s not over until the fat lady sings." Yes, the fat lady sings but not the tune one spouse wants to hear.
Most post judgment litigation involves motions arguing that changing circumstances warrant changes in the terms and conditions of the divorce.
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DIVORCE SETTLEMENT – Courts normally push the divorcing spouses to settlement because litigation between spouses antagonizes the parties, harms the children and drives up costs.
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