Post-Divorce Issues in Litigated Divorce

Ongoing post-divorce issues, even returns to court, are far more common among couples whose divorce agreements were the product of a litigation or lawyer-negotiated process. Although the reasons vary, consider some of the more typical underlying causes:

• At least one of the parties feels dissatisfied with the outcome
• At least one of parties feels that his/her needs were not addressed or even heard
• The agreement does not provide a process for addressing issues not considered in the negotiation/litigation process
• The parties are unable to communicate or work collaboratively on resolving new issues
• The agreement ignored changes in circumstances impacting support and support related needs

Since many divorce agreements ignore the future needs of the family, consider the following areas that result in post-divorce conflict:

• Teenage children who rebel against parenting schedules
• College selection and financing
• Adult children who are not self-supporting
• Traveling out-of-country with friends, a parent or relatives
• Education problems in public school
• Use of medication for children
• Loss of employment or decreases in income for one party
• Increased income for one party
• Funding children’s extraordinary expenses
• Cohabitation of an alimony recipient

At the Centre for Mediation and Dispute Resolution, we focus on the present and future. Although we clearly do not have a crystal ball, forecasting future issues and problems, we do have decades of experience in compiling information on issues that need to be discussed in the present in order to prepare for future events. We know that children’s needs change over time, we know that parents’ incomes are not static, we know that unforeseen circumstances may alter the best of plans. We believe in preparing for the future even as we focus on the present. We also believe that parties who have worked together to create an agreement are “vested” in its future success. Mediation clients have “purchased” the process as well as the product. They have learned that communication and collaboration provide the most effective and efficient route to modifying their agreement.