When an ex-spouse wishes to change certain conditions pertaining to their divorce decree, that is referred to as post-divorce actions or modifications. There are a variety of reasons that can affect a divorce decree after it has been finalized and at J Hardy Family Law, we help our clients know their options.
Life is full of changes, and sometimes those changes require modifications to divorce agreements. These modifications, also known as post-divorce actions, are essential for ensuring that the terms of a divorce decree continue to meet the needs and circumstances of both parties. At J Hardy Family Law, our experienced divorce modification lawyers are here to help you navigate this complex process.
There are various reasons why an ex-spouse might seek to modify their divorce agreement. Changes in circumstances after the initial agreement can justify a modification. For example, if one spouse is paying more in support due to the other’s financial needs and the receiving spouse suddenly wins the lottery, the paying spouse may request a modification to reduce or terminate their support obligation. Another common reason is a significant change in the financial needs or income of either spouse since the original order was established.
Judges take several factors into account when deciding whether to approve a modification, including the length of time that has passed since the divorce agreement was filed and the nature of the changed circumstances. For instance, a judge might deny a modification request if the agreement was only entered three months ago, considering the short time frame.
Modifying a divorce agreement or order involves several steps and must meet specific guidelines and criteria. The ex-spouse requesting the change must file a petition to modify the decree, outlining the aspects of the agreement they wish to change and detailing the changed circumstances since the decree was entered.
In cases where both ex-spouses agree on the changes, they can file an amended settlement or consent order jointly with the court. However, if the ex-spouses do not agree on the modifications, the requesting ex-spouse must file a petition, and the other spouse will need to respond, often with the help of a lawyer. The judge will then review the case and decide whether to grant the amendments.
Several circumstances can warrant a modification of a divorce agreement. These include:
Significant changes in financial needs or income
New financial windfalls, such as winning the lottery
Changes in employment status
Changes in health status, requiring more or less support
Changes in living arrangements or relocation
Navigating the legal complexities of modifying a divorce agreement can be challenging without professional guidance. A qualified divorce modification lawyer like those at J Hardy Family Law can provide the necessary expertise to ensure that the modification process goes smoothly and that your interests are protected. Our team is dedicated to helping clients understand their options and achieve the best possible outcomes in their post-divorce actions.
Circumstances change, and so can your divorce agreement. Whether you need to modify support payments, custody arrangements, or other aspects of your divorce decree, the experienced team at J Hardy Family Law is here to help. Contact us today to schedule a consultation and learn how we can assist you with your modification needs.