We all change our mind whether it’s about dinner, where we want to go this weekend or anything else. Things change, people change and decisions change as well. It’s understandable that agreements need to change and a divorce decree modification is the way to make the necessary changes in your separation agreement.
Over the years, your situation, or that of your former partner, may change, especially if you have children. Because of that, you may need to make some changes to your divorce agreement, especially if it impacts original agreements on finances or child custody. If the other party is fine with these changes, they can be implemented quickly. However, if they are not, you may want to work with an attorney for clarification and direction.
Right Time To Request A Modification?
Months or years after your original agreement does not matter. What matters is whether or not your reasons for the requested changes are valid. What makes a requested change valid? You have to be able to show reasons why you need to have these changes made. This is where guidance from an attorney makes a difference.
Reasons To Get A Divorce Decree Modification
There are different reasons for and different types of divorce decree modifications. The request may be to change a single item of the agreement or the entire thing. Your situation will dictate what type of changes you want and why. These are some of the most common reasons and areas of modification:
- Change in your income or finances: You are paying your former spouse. Spousal maintenance requires you to pay them a certain amount based on your income and finances while married. If your finances or income has changed significantly, you may want to request a change to what you are paying or being paid.
- Change in their income or finances: Maybe your former partner is doing much better than they were at the time of the separation. In fact, they are doing far better than you. Maybe you should not be the one paying alimony?
- Relocation: For whatever reason people have to or want to move. It’s difficult to make that decision if you have a family. It’s even more difficult if you are divorced and have a child with your former partner.
- Child support: You may have a request for an increase in child support due to the increase in the cost of living.
- Health: If there is a change in the quality of health of one of the members of the agreement, it could require a change in the agreement. This is where you would also need medical information provided by professionals in the field.
- Safety: Do you feel safe around your former partner or even want your children around them anymore? While you may have an order of protection against someone, you would still need to request a change to the divorce decree if you want full custody.
- Domestic partnership: If you share a living space and need to sell the property, this changes the agreement as far as ownership of the property, ending the current part of the agreement.
- Educational needs: The agreement may have been made when your children were in grade school. Now they are in high school and you want them to go to a school in a different area but it requires a change in custody.
- Quality of homelife: If there is a child involved, the quality of the home life will always be part of the discussion. That means wherever the child stays, even if it’s once a week, needs to meet the standards of a safe and healthy place to be.
- Change in cooperation: Often, part of the reason for many of the changes to these agreements are because you and your former partner are now on better terms. That’s great and if that’s the case, you may want to make certain modifications including with custody.
It’s understandable, especially with children, to try something out before getting it changed on legal documentation involving attorneys. For example, if you have to try a new custody schedule because of their school year or because someone is moving further away, you do not have to immediately focus on making updates. However, do not wait too long and always rely on an attorney for these modifications.
Get Your Free Consultation First
Family law attorneys who focus on divorce decree modifications tend to offer free consultations. This is a great opportunity for you to get reliable information regarding your situation and also learn what options you have, what is needed to show why you want these changes made and more. The free consultation can be done over the phone and can provide you with specific answers to your questions.