Post-Divorce Challenges and How to Deal with Them

Posted September 11th, 2018 by .

Categories: Family Law.

post divorce challenges carboneIn some cases, divorce is really only the beginning of an end. Most couples would prefer that their first court appearance together be their last. Unfortunately, that’s not always the case. You might be surprised to learn how many former husbands and wives experience post-divorce challenges.

All things considered, there are a number of reasons you may think you need to return to court after the execution of the final judgment of divorce (FJOD). In some cases, it may be to enforce your rights as a litigant. There’s a chance you aren’t receiving spousal support ordered by the judge. Many times, the issue has everything to do with the children born of the marriage.

For the most part, proving a change in circumstances is integral in bringing a post-divorce motion before the court. This is certainly necessary if you hope to increase or decrease child support or alimony obligations.  On the other hand, you could seek judicial intervention after discovering hidden assets not revealed in conjunction with equitable distribution.

Post-Divorce Questions and Answers

New questions may arise after the dissolution of your marriage. For example, you may have divorced because you simply had irreconcilable differences. Now that the dust has settled, you learn that your former spouse is dating and considering remarriage.

If you have children together, your first instinct might be to restrict interaction with this new person. However, there’s little you can do unless you have evidence that your child’s exposure represents danger. As hard as it can be, it might be easier to grit your teeth and adjust to the situation. Hopefully, the new relationship will not only bring more love – but add to your ex’s parenting skills.

Dealing with a former spouse when children are involved can literally last a lifetime. Even if you divorce when the kids are in nursery school, your future contact could extend for many decades. Putting things into perspective may mean acquiescing when it comes to changing holidays or rescheduling parenting times. The key is to spare the children from taking sides.

Meanwhile, not all post-divorce issues concern children. Take for example the matter considered by the New Jersey Appellate Division regarding hidden assets.

Hidden Assets Discovered Post-Divorce

Zuba v. Zuba was decided in 2015. Since the decision was unpublished, it only applies to the named parties. Nonetheless, it provides some valuable insight into hidden assets in a divorce case.

Patricia and Bernard Zuba married in 1980 and divorced in 2011. A Property Settlement Agreement (PSA) was attached to the Final Judgment of Divorce (FJOD). One of the PSA provisions stated that “the parties represent that each of them has candidly and fully disclosed to the other all of their income, assets, and liabilities as of the execution of this Agreement.”  The language is considered quite standard in these types of agreements.

One problem. Bernard began living with a Ms. Grinfelds after his divorce. According to her, Bernard shared some information that he did not reveal on the financial paperwork submitted in conjunction with the marriage dissolution. More specifically, Ms. Grinfelds informed Patricia that Bernard owned property in Costa Rica. He also failed to mention that he had a bank account in Belize. Both were in existence prior to the filing of the divorce papers.

Patricia shared the information with her attorney who motioned the court to initiate discovery of the hidden assets. The trial court denied the motion, stating that Patricia did not prove that Bernard was guilty of fraud.

When the case was considered by the New Jersey Appellate Division, they were of a different impression. Patricia was entitled to request more information from the defendant – also known as exercising discovery options.  In the end, it was determined that Bernard sold the property in Costa Rica and withdrew substantial money from the Belize bank account. Surely, Patricia was entitled to equitable distribution as those assets existed during the marriage.

Contact Us

If you are already divorced but concerned about post-judgment issues, the Law Offices of Anthony Carbone can assist you. Contact us to see how our experience can help you through these troubling times.

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