When you're going through a divorce, the last thing on your mind is having to go to court again in the future. During a divorce, you are likely to feel a variety of emotions. Not the least of these is the sense of closure and relief that comes with the conclusion of your case.
For anyone reading this blog post who is now going through a difficult divorce, this should provide some comfort to you and your family. The divorce will finish at some point, no matter how horrible your case is. It's possible that it'll happen sooner than you expect.
Your separation took place at a certain point in time, and the court granted your divorce decree based on that instant. However, you may need to seek a divorce modification if significant changes have occurred in your or your former spouse's life.
What Are Divorce Decree Modifications?
A formal request to the court to amend the terms of a divorce settlement is known as a divorce decree modification. You must be able to show that there has been a significant change in circumstances that warrants the court's attention. Your lawyer can tell you whether the changes you or your former spouse have gone through are significant enough to warrant a revision by the court.
Types of Divorce Modifications
Certain aspects of your separation may be able to be changed, while others will not. Child support, child custody, medical insurance for the children, parenting time, spouse support, and maybe tax exemptions in certain circumstances are all terms that might be modified.
Modifications to Child Custody
You can request a revision to the current child custody arrangement if it no longer appears to be in the best interests of the kids or has become impracticable. For example, if you previously had a Shared Parenting order but your ex-spouse is relocating out of the state, Sole Custody may be more appropriate now. If you want to learn more about Sole custody, you can read this article.
Modifications to Parenting Time
Keep in mind that parenting time is not the same as custody. While similar life events may have an impact on both child custody and parenting time, these are two distinct terms that may need to be amended. Parenting time may need to be adjusted due to the relocation of one of the parents. While changing custody involves a significant change in the child's circumstances, parenting time can be changed simply by proving that the present parenting time is not in the best interests of the child.
Modifications to Spousal Support (Alimony)
Spousal support may be changed only if the court has expressly retained jurisdiction to do so. The quantity of support, the length of the support period, or both may be changed. In some regions, it's common to find a judgment that gives the court control over the amount of spousal support, but not the length.
This means that a significant change in either party's income may have an impact on how much support must be given, but it cannot modify the length of time it must be paid. Spousal support will also end at the death of either person, the receiving party's remarriage, or the receiving party's cohabitation.
Property Separation
Unless both parties agree, the property division ordered in the final separation settlement cannot be changed. The purpose of the court is to financially separate you from each other; therefore property division is frequently cast in stone. If a provision is unclear, you can petition the court to interpret it and explain the intent, but you can't change it.
Divorce Modification and Bankruptcy
If a person takes on debt as part of a separation agreement but subsequently files for bankruptcy, the court may mandate spousal support to offset the amount of debt that the other person is now responsible for. A domestic support obligation is what it's called. If you find yourself in this circumstance, it is important to contact your divorce attorney.
How can I request a modification of my divorce?
A petition must be filed by you or your divorce counsel, usually in the same court where the judgment was entered. This is referred to as a "move to alter." After that, the petition must be served on your ex-spouse.
Do I Need a Lawyer to Request a Divorce Modification?
How urgently do you want – or need – your divorce settlement to be changed? You are, of course, free to petition the court on your own, but don't be surprised if you feel out of your depth in no time. And while it's one thing to show that your circumstances have changed, can you show that the financial situation of your ex has improved or they are now living with a new lover?
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Conclusion
If you are finding it difficult handling your separation, don’t give up as there is a way out. This article discussed divorce decree modifications that divorcees can explore to get out of difficult situations. You can feel free to check them out.