Times may change, your situation may change, and your needs may also change – but be careful about making changes to your divorce agreement without consulting an attorney first. You may be unknowingly violating your court order and subject yourself to increased litigation. For example, parties sometimes renegotiate their own agreements about their real estate and find out later that it is in violation of their divorce agreement. It can be costly to fix this…so be sure to look at your original divorce agreement first before making any changes.
About every other client that I have seen, that has made a change or modification to the divorce decree, has not had a professional fully explain what the actual language in the agreement means. For example, there are words such as “shall” and “may” that have very different meanings and should be read read literally according to their meaning. That can make a big difference when interpreted by a court. I make sure to go over the real meaning of the decree with my clients.
Changes to a Divorce Decree Changes – a Lengthy Process
If you decide that you need to make a change or modification to the the terms of your divorce, or your particular circumstances have changed, the right way to proceed is to discuss it with and attorney first and then petition the court to modify your divorce decree.
A few examples of this include:
- An adjustment to child support
- An adjustment to periodic alimony
- A modification to child custody
- A modification to visitation schedules
Such requests are usually made by filing a “motion to modify” the divorce decree or judgment. The motion is usually filed with the same court where your divorce was originally filed (and where the divorce judgment was issued).
Other circumstances that may warrant a change in your divorce decree include:
- You discover that you children aren’t being properly supervised when they’re with their other parent.
- Your spouse is spending longer hours at work that were anticipated and your children are being left alone for long periods of time
A Change In Circumstances
If there has been a change in financial circumstances – for example, a worse situation for you or a better one for your spouse, you can seek increased child support from the court. There are certain circumstances where alimony can be increased as well. If you discover that your spouse did not make a complete financial disclosure during the divorce (or hid a bank account or IRA) you can also re-open the property aspect of your case. Ask your attorney to review any of these situations and tell you if you have a reasonable chance of having your settlement modified.
In Conclusion
Make sure to consult an attorney before you modify your divorce decree. Talk with them to make sure this is a good decision and the best way to implement it. Be aware, to modify your divorce settlement, you need to go back to court. Anything else is not enforceable.
