Many clients come to us because their divorce decree no longer works for them. If you were divorced years ago and your life situation has dramatically changed, it is important to understand that you can seek to modify your divorce agreement. There are some portions of the divorce order that are typically not modifiable, such as the final division of assets and debts. Below are the most common ways a divorce decree can be modified:
- Child Custody. A court is willing to modify a child custody arrangment if the needs of the child have changed. Custody may also need to be modified if one of the parents is relocating or other circumstances result in the existing custody arrangment to be unmanageable.
- Child Support. A child support order may need to be updated if the needs of the child have changed or if one of the parents has experienced a dramatic change in income. For example, if a parent becomes disabled is unable to work, the court will likely alter the child support order.
- Alimony. Spousal support orders will be modified under certain conditions. One of the most common examples is if the spouse receiving the support remarries.
- Clerical Errors. If there is a clerical error in your divorce decree, the court can modify the order to fix the mistake. This type of modification will make the correction retroactive to the original date of the divorce order.
It should be noted that you and your ex-spouse agree to modify the divorce decree, you still must obtain court approval for the alteration to be enforceable. It is important to seek our assistance to determine how the agreed change may impact the other terms and conditions of your divorce agreement. Our attorneys will ensure that your best interests are still being protected, as well as assist you with obtaining the necessary court approval of the modification.
Men often find it difficult to find a divorce attorney who understands the unique male perspective on family law matters. If you are facing divorce or you have other family law needs, our legal team is here to help. Contact the Men’s Divorce Law Firm to schedule a consultation with a caring professional, and aggressive advocate for men’s rights in divorce, child timesharing (custody), and paternity matters.