**SPONSORED CONTENT BY DIVORCE INCORPORATED**
“I got divorced three years ago, and I’m ready to get alimony now.” Sorry, it is probably too late. People are often unhappy with their divorce decrees. More often than not, these unhappy people agreed to the terms of the divorce. Oftentimes, people will agree to a divorce on whatever terms “just to get it done.”
Why are most divorce decrees final and not modifiable? First, a concept called res judicata prevents multiple litigations on the same issue. Res judicata holds that once a legal issue is decided, it is final and the court is not to spend more time on someone who has already had his or her day in court. Yes, this applies to an uncontested divorce. Many divorcing parties unwisely waive their rights to alimony, retirement, and other property in an uncontested divorce. They think that they can fix it later. Wrong, you should never sign a divorce without consulting with an attorney.
It is not always too late. Many people who do their own divorces leave out crucial provisions opening up gaps for an attorney to attack in the future. Further, some types of alimony are modifiable. Attorneys draft divorce papers with these issues in mind. Get one.
Ultimately, divorce is about closure. Divorced people should not have to live the rest of their lives looking over their shoulder in fear of being taken back to court. Of course, parents are tied at the hip for at least until their children reach adulthood. Most divorces are designed to break the ties, not create legal claims. Bottom line, if you want something (like alimony), pursue it in the divorce. Otherwise, you probably need to move on with life.
By Daniel P. Bryant, Attorney at Law
Daniel P. Bryant is an attorney in the Clarksville offices DIVORCE INCORPORATED, Tennessee’s Family Law Firm. His primary areas of practice are divorce, family and juvenile law litigation. Attorney Bryant may be contacted at 931-896-2400 or dbryant@divorceincorp.com.