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Post-Divorce Matters
Post divorce cases are just that, cases after a divorce. Freeman and Fuson spend a large part of their family law practice handling post divorce litigation. These cases usually begin with the filing of a Petition. Common post divorce cases involve enforcement or modification of a previous Final Decree, Marital Dissolution Agreement or Permanent Parenting Plan. Mark and Joseph have spent years drafting these documents, consulting with clients about the contents of these documents, and are familiar with how to enforce and/or modify them. Mark and Joseph will consult with the client, gather all the necessary documents, and develop a game plan to either enforce or modify the documents.
Substantial, Material And Unforseeable Change In CircumstancesIn Tennessee, a party must show a substantial and material change in circumstances before the Court will modify an Order. The party must also show that the change was unforeseeable at the time the parties entered into the original agreement or Order. When a Petition to Modify Custody is filed, the parent seeking the modification has the burden of showing that the substantial and material chance has occurred. However, the parent is also required to show that a change in custody is in the child’s best interest. It is a threshold inquiry as to whether a substantial and material change has occurred. Only after this has been determined will the court examine if the modification would be in the best interest of the child.
Hiring a knowledgeable lawyer who understands how to develop this argument before the Court is imperative. Mark and Joseph have been successful in pursuing and defending these modification cases. Call either of them to discuss your case and let them explain how they would handle it.
EnforcementOnce an Order is entered by the Court or an agreement is entered by the parties, it becomes enforceable. Meaning, if the other party chooses not to follow the terms, you can make them. If it is an Order or an agreement that becomes part of the Order, them the court has the power of contempt to enforce the terms of the Order. See Contempt.
Year and years of experience handling enforcement cases is what Freeman and Fuson can offer. Mark and Joseph will be efficient and effective in pursing these types of cases for you.
