If your divorce has
been finalized, but there have been changes in your situation that require modification of
an existing custody, visitation, support, or property
orders, you do have choices. You can take the traditional route and pursue your request
through the court system where a judge will make decisions based solely on the law or you
can work with your ex-spouse, either through Mediation
or a Collaborative Law approach, to fashion changes in
your agreement which specifically address your changed circumstances.
Mediation and the Collaborative Law process are both
effective ways to modify existing custody, visitation, support and property orders. If you
have changes in employment or are contemplating a relocation that will affect visitation,
you can work with your ex-spouse to structure a revised agreement that meets everyone's
needs in light of these changes.
A trained Mediator or Collaborative attorney can help you
address challenges in reaching an agreement. For example, if your ex-spouse with primary
physical custody of the children has indicated that he or she plans to move away from the
area and you are concerned about the impact of a planned move on your ability to spend
time with your children, the intervention of a Mediator or Collaborative attorney can be
invaluable. Judith may advise that a trained child custody specialist can help you and
your ex spouse consider alternative parenting plans and work out an agreement which
addresses your concerns and the needs of your children. The goal of the revised plan will
be to protect your relationship with your children while shielding them from the harmful
experience of a protracted custody battle between their parents.
Parties who originally mediated their divorces have
demonstrated remarkable success in resolving any post divorce issues. Judith has lectured
on the use of Mediation techniques in post-judgment matters and welcomes the opportunity
to help her Mediation clients work out any disagreements in the areas of custody or
support in the years following their divorce.
In the Collaborative Law process, each party hires an
attorney to represent his/her respective interests while understanding the other's
concerns. The attorneys then meet in joint session with their clients to identify the
parties' respective needs/objectives, help them problem-solve together and draft an
agreement reflecting the terms of agreement. The parties can jointly hire financial
experts or mental health professionals if it is necessary to help them address concerns
within the Collaborative Law process. Overall, the Collaborative Law approach is generally
less costly and time-consuming than the traditional legal process.
At the Law and Mediation Offices of Judith C. Nesburn,
located in Los Angeles, the focus is on alternative means of dispute resolution in all
divorce and family law matters, including requests for the modification of existing
custody, visitation, support and property orders. Please contact Judith to schedule a confidential meeting to
learn how you can resolve your family law matters with sensitivity, dignity and mutual
|Attorney Judith C. Nesburn has been practicing law since
1986, representing men and women throughout the Greater Los Angeles area in divorce and
family law disputes. The combination of her legal expertise and her prior years of
experience as a Licensed Clinical Social Worker uniquely qualifies Judith as an effective
advocate and compassionate ally for her family law clients. Please contact Judith to discuss how you can use Mediation
and a Collaborative Law approach to resolve a request for the post judgment modification
of a divorce decree.