Attorney Consultations for Post-Divorce Issues: Items to Consider

During a attorney consultations, a lawyer can help identify pros and cons for seeking relief or pursuing a specific option

By Karen P. Sampson, Attorney/Mediator Updated: December 15, 2021Categories: Legal Issues, Life After Divorce

The divorce process is often filled with stress and unpredictability. By the time the finish line is crossed and a divorce decree is obtained, one may have experienced a full range of divorce emotions.  These may include feelings of relief, satisfaction, disappointment, and sadness.

Although the actual divorce may be over, sometimes divorce terms need to be revisited and modified in the future.  Circumstances may change significantly with the passing of time. These circumstances may require the need to look at the original divorce terms. Some examples include but are not limited to items involving financial support, custody, and other matters pertaining to the children. Hopefully the need to address post-divorce issues will not involve having to get back on that emotional roller coaster.  Attorney consultations can be a helpful first step to determine the best way to navigate the situation.

How Attorney Consultations Can Help You Through Divorce

Determining the urgency of the situation.

You may consider the situation to be an urgent matter that requires immediate attention from the Courts.  An attorney can discuss the situation with you and advise accordingly.  There certainly are situations that warrant immediate attention from the Courts, but not all situations warrant immediate attention from the Courts.

Reviewing your divorce terms.

Whether you and your former spouse entered into a marital settlement agreement voluntarily, or if a judge ordered the divorce terms, the attorney should review the terms. The divorce terms may include how you and your former spouse are to address future issues.  For example, the divorce terms may indicate that first an attempt should be made to discuss future issues with the other party to try to work out a resolution together, prior to a party filing a petition for relief through the Courts.  Another example is that it may be possible that the divorce terms may actually address the situation you are currently involved in.

Laying out options.

The attorney can discuss with you the options available for relief. He or she can advise when or if a motion for relief should be filed with the Courts and what it would involve.  The attorney may suggest that correspondence first be sent to the former spouse to spell out the situation and provide a proposed resolution. Divorce mediationmay also be an option suggested by the attorney. The costs for each option should also be discussed.

Discussing possible outcomes.

The attorney can discuss possible outcomes with you.  Although no one can predict the future, the attorney may be able to provide a best case and worst case scenario in addition to potential costs involved.

Identifying pros and cons.

During a attorney consultations, a lawyer can help identify pros and cons for seeking relief or pursuing a specific option.  It is possible that the attorney may believe a Court would not recognize the situation as one requiring relief.  It may also be discussed, depending on the situation, that seeking relief through the Courts for a particular issue may open a Pandora’s box with the other party fighting back with other issues.  Sometimes the big picture needs to be looked at as part of the analysis when determining which route looks like the best route to take or if no route should be taken.