Divorces cases do not always come to a complete end when a judge issues a decree. Circumstances arise that require additional action with regard to the decree order or settlement agreement. In such instances, the former spouses have the right and ability to negotiate issues between themselves and enter into a post-divorce agreement, according to the American Bar Association Section of Family Law.
Function
The typical post-divorce agreement is designed to alter, amend or add to an existing order of the court by agreement of the parties, according to "The Complete Divorce Handbook: A Practical Guide" by Brette McWhorter Sember. Absent this type of mutual agreement between the former spouses, an alteration, amendment of, or addition to an existing court order is accomplished through a new order from the court, usually after a hearing before a judge.
Types
Different types of post-divorce agreements exist. Examples of common post-divorce agreements include those designed to change custody, alter visitation, or adjust a child support obligation. These agreements can also address financial matters.
Benefits
The benefits of a post-divorce agreement rest in the fact that the former spouses can resolve issues without the need for court intervention. Negotiating issues leaves the power to resolve matters in the hands of the parties rather than ceding authority to the judge. Saving time, and often money, is another advantage of reaching a post-divorce agreement as opposed to litigating. Even after engaging an attorney to draft a post-divorce agreement, you still avoid the significant expense of pursuing a motion and hearing in court to address a particular issue.
Misconceptions
A common misconception is that a court order arising from a divorce case is set in stone, that only a judge can change the terms of the order. While a judge does hold the final authority to approve a change to a prior order arising from a custody case, the parties are able to negotiate and agree to a modification on their own. Provided the post-divorce agreement is legal and fair, a judge will approve the document and modify any existing court orders accordingly.
Expert Assistance
Drafting a post-divorce agreement represents what potentially is a complicated legal process. Therefore, if you need such a document, seriously consider retaining the services of an attorney to prepare the agreement. The American Bar Association maintains a variety of resources to assist you in finding capable legal representation. This includes contact information for local and state bar associations, though which you can identify attorneys that practice divorce law in your area.
References
- American Bar Association: Section of Family Law
- "The Complete Divorce Handbook: A Practical Guide"; Brette McWhorter Sember; 2009
- Cornell University Law School: Divorce Overview
