Modifying Your Divorce Decree

Life circumstances don’t always stay the same after a divorce is finalized. Jobs change, children grow older, health conditions shift, and finances can improve or decline. In some cases, the original terms of a divorce decree may no longer fit a person’s current situation. When that happens, a formal modification may be needed. As a divorce lawyer can explain, a divorce decree is a court order, and changes can’t be made just by verbal agreement between the two parties. Even if both people agree to new terms, the court must approve the modification before it becomes legally enforceable. Failing to go through the proper legal steps can create problems later, especially if disagreements come up.

Common Reasons For Seeking A Change

A family lawyer can tell you that the most common reasons for modifying a divorce decree usually involve child support, custody, visitation schedules, or spousal support. For example, if one parent loses a job or gets a significant promotion, that can justify a change in the amount of child support. If one parent needs to relocate, the custody or visitation schedule may need to be adjusted. A change in the child’s needs—such as medical or educational expenses—can also support a request to update support amounts or responsibilities.

For spousal support, remarriage, cohabitation, or a major change in income for either party may justify asking the court to reconsider the terms. However, not all parts of a divorce decree are subject to modification. Property division, for instance, is usually considered final unless there was fraud or an error in the original agreement.

What The Court Will Look At

Courts do not modify divorce decrees lightly. The person requesting the change must show that there has been a significant and ongoing change in circumstances since the original order was issued. Temporary issues typically won’t qualify unless they lead to long-term consequences. The change must also be in the best interests of any children involved if the modification involves custody or visitation.

Courts will examine factors such as income statements, employment records, school performance, medical documentation, and any agreements made between the parents. It’s important to present clear, organized information to support the request. If the other party disagrees with the proposed change, a hearing may be scheduled so both sides can present their positions.

Reaching An Agreement Outside Of Court

In many cases, both parties may agree that a change is needed. If this happens, they can submit a written agreement to the court for approval. Courts generally look favorably on agreements made by both parties as long as they serve the best interests of any children and are fair to both individuals. However, the modification is not official until the judge signs off on it.

Attorneys like those at GordenLaw, LLC can attest to the value of addressing these matters through the proper legal process. Even when things seem simple, it’s important to make sure that any changes to a divorce decree are clearly stated and legally valid. If your circumstances have changed and your divorce decree no longer fits your current life, a legal modification may be the right next step. Taking action through the court can help you move forward with clear, updated terms that reflect your needs today, so don’t hesitate to reach out to our trusted lawyer.