You went through a difficult divorce, but now there are new post-judgment matters with your ex, such as modifying child custody or spousal support. In these post-judgment situations, you may want to hire a new attorney from the one you used during your divorce proceedings.
There are a few common reasons why working with a different lawyer for post-judgment matters can be helpful. Let’s dive right in and take a look.
Get a Fresh Take on the Case
A new attorney can bring a new set of eyes to your case. This can be immensely helpful in instances where your litigating divorce case attorney was continually butting heads with the opposing counsel. The last thing you need is for your previous attorney to bring historical baggage, bias, and drama into your current post-judgment case.
This is especially true if you’re in a much better place. Perhaps you and your ex have a cordial relationship now and simply need to iron out the kinks of a child custody or spousal support agreement. On the other hand, your last attorney only remembers the way things were handled in the litigation, and will most likely pick up where they left off.
When looking for a different attorney for post-judgment matters, be keen on asking about their approach. If the lawyer is looking to dig up the past to find an edge, then they may not be the best fit. However, if they vow to focus on the specific matter at hand to find the best solution, then you may be on the right track. Be sure to find an open-minded attorney who is willing to explore all options, even outside of litigation and including mediation.
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Post-Judgment Issues Are More Focused
Whereas your divorce covered a list of community property and custody issues, post-judgment matters tend to circle around one or two very specific issues. Even if the attorney from your divorce case performed well for you, one who specializes in a specific matter could potentially do even better.
Specialist attorneys tend to be more passionate and, of course, have deeper knowledge in their respective focus. Here’s a list of various types of post-divorce matters for your reference:
- Spousal or Child Support modification
- Child custody
- Legal Custody disagreements (ie. where the child should go to school)
- Failure to reimburse the other party for children’s expenses
- Judgment enforcement (ie. Party fails to pay support or an equalization payment)
- Modifying parenting plans
- Relocation with a child
Better Chance of Avoiding Litigation
Armed with a fresh perspective and focused line of post-judgment practice, a different attorney from your divorce case can potentially give you a better chance of achieving a smoother and swifter resolution. You can vie for an agreement through mediation and avoid the heavy stress and costs of litigation. Avoid the courts altogether and use honest and open communication to work through the issues at hand with your ex-spouse and respective attorneys.
Of course every case is different, and, if you had a great experience with your previous attorney, by all means, continue to work with them. Let success be your guide.
Always keep your goals in mind and opt for the strategy that is best for you, your children, and, even your spouse. This mindset consistently produces the best short and long term results for my clients. If you need help finding the right attorney or simply have a few questions about your case, reach out to me for your legal support needs — I’d be happy to help answer any questions on a consultation call.