A divorce decree modification focuses around the changing of the original agreement or consent decree from the divorce. These changes can cover a variety of motives but usually focus around custody or financial adjustments that need to be made. Whether or not the agreement involved attorneys, you should always consult legal counsel before making any changes, especially if they involve financial agreements or the best interests of your children.
These types of agreements need to be modified over the years because things change. Your spouse may end up making more money than you or your children go to a high school closer to where you live so it makes sense to switch custody agreements for now. There are plenty of reasons why changes can be made. However, your focus needs to be on what is actually being changed.
What Is A Divorce Decree Modification?
Simply put, a divorce decree modification is the official requested change of a legal agreement or consent decree. Modification can be easy, especially if both sides are in agreement of what needs to be changed, but become more challenging when one side does not want any modification.
However, when there is a disagreement on those modifications, the process can become more difficult. This is where you want an attorney on your side. It is important to have legal representation and someone who will make sure that every aspect of this process is not only handled correctly, but that you also receive sound guidance on what needs to be done.
Areas For Modification
Some of the primary areas of modification focus around finances. When separation agreements are made, couples agree to certain conditions of the money including support for children and spousal maintenance. Changes down the road may lead to a need in modifications to the original agreement covering:
- Legal decision-making or Custody: Any number of reasons can influence a parents decision to make changes to the custody agreement. If this is not a mutual agreement, you will have to show why you need changes made to the original agreement.
- Child Support: Because of the increase in cost-of-living people are seeking new agreements regarding child support. There are also changes that need to be made to this area if the parenting plan has changed, or either parents’ income changes.
- Spousal Maintenance: Formerly known as alimony, spousal maintenance is a payment you make to your former spouse. This often becomes an area of requested modification because of an increase in the income or wealth of the former spouse, or the need for additional support for the receiving spouse.
When you try to handle your legal matters on your own, even a modification, you often leave yourself open to changes down the road that do not benefit you. This is why it is best to work with an attorney throughout the process but it starts with the free consultation.
Best To Work With An Attorney
The free consultation is the first thing you need to consider as you are looking at whether or not to contact an attorney. Remember, you are not hiring anyone by making a phone call or even meeting with them. You are simply going over your situation and determining whether or not they are a good fit for you and vice versa. The attorney is also trying to determine if you are a good fit for them which is why the free consultation offers value to both sides.
The Modification Process
The attorney can walk you through the process of the modification. Once you have made it clear what you want changed, your attorney will file a petition with the courts. The “Petition to Modify” will also include the changes of circumstances not anticipated at the time of the agreement or decree. The former partner must be served with the Petition to Modify, and has the option to file a Response prior to the court setting a hearing.
What To Expect
It starts with whether or not your former partner agrees with the divorce decree modifications you are requesting. If they do, the process goes quickly. If they do not, then it could take much longer and you will have to provide detailed information to the court. An attorney can tell you, based on the information you provide, what to expect and what else you may need to get started.