What You Should Know Before Attempting To Modify Issues On Your Divorce Decree
Posted on: 7 July 2015
When your divorce is finalized through the court, you and your ex-spouse will both receive a copy of the divorce decree. This document is very important because it tells you how your assets will be divided, how child custody will work, and the amount of child support one spouse must pay the other. If circumstances in your life change and something in the decree is not working well, you might be able to get your divorce decree modified. This process is not simple, but it is possible in certain situations.
When Can You Modify A Divorce Decree?
There are certain issues on divorce decrees that courts usually will not modify, but there are others they will. The main issues you cannot modify involve division of assets or property. When your marital assets are divided, the court typically will not change its decision on this. On the other hand, courts generally will modify things such as:
- Child support
- Child custody and visitation
- Spousal support or alimony
If you have good reasons to ask for a change in one of these things, you could pursue it by taking your ex-spouse to court for a modification hearing. Before you proceed, it's important to understand that you will need a substantial amount of evidence and reasons to ask for this change. Courts do not simply change agreements just because you request a change. There must be a valid reason to ask for it.
Modifying a divorce decree is simple to do if your ex-spouse also wants the same modification. In this case, you can simply write a letter to the court asking for the change. If both parties agree to it and sign the form, the court may issue a ruling that approves the change. This may not even require going to court, but this only applies when both parties agree to a change.
How Do You Request A Modification?
Requesting a modification of your divorce decree will require going to court. This process begins by filling out a motion for modification. This form is something you can fill out yourself, or you can hire a lawyer to do it, and it must be sent to the court. When the court receives it, a hearing will be scheduled and both parties must attend.
During this hearing, you will have a chance to state your request and reasons for it. Be prepared to present the evidence you have and the reasons for the request. After you state your side, the judge will ask your ex-spouse questions about it. If your ex is fighting this request and if you do not have enough evidence to prove that it is needed, it's likely the judge will side with your ex. Courts will not simply change something without proof that a substantial change took place that caused this change to be necessary.
One of the most common modifications requested and approved involves child support. Child support is calculated by comparing the income of both spouses. If your income drastically changed for the worse, or if your ex-spouse's income drastically increased, you could request a change in child support.
While most states do not have rules about how often child support modifications can be requested, your state may. You should find out if there are any rules about this in your state before you proceed.
Life in unpredictable and circumstances change, and this is why you can request modifications if necessary. To learn more about your rights and options, make an appointment with a family lawyer. By doing this, you can learn about the steps needed to change your divorce decree.
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