Many people who get divorced want to know, “Can you modify a divorce decree?” You may be able to amend the divorce decree if you meet the legal requirements and file the appropriate paperwork in court. Many aspects of your life may have changed since you first created and signed the divorce settlement. If these changes are substantial, the court may allow you to adjust the decree to accommodate these.
Run by an attorney who has gone through a divorce with children, the team at Turner Family Law provides client-centered legal support to people at all stages of family law disputes. We understand how empowering and challenging it can be to end your marriage. Our trusted divorce attorneys are here to listen, support, and fight for you every step of the way.
Can You Modify a Divorce Decree?
Yes, you may be able to modify your divorce decree. You should be able to show that you meet the legal requirements, including having an enforceable judgment — e.g., court order — and residency. Likewise, you should be able to prove that you or your ex have gone through a substantial change that impacts your ability to carry out parts of the agreement. Alternatively, these changes need to make the features of the court order ineffective or unnecessary. You must also follow the court’s administrative process, like filing key paperwork on time.
Understanding Divorce Decree Modifications
It may be necessary to modify a divorce decree if aspects of the current agreement aren’t working for you and your ex because of a substantial change in circumstances. For example, the original judgment may require one spouse to pay alimony to the other one.
However, the spouse receiving alimony may have gotten remarried, which typically means they no longer qualify for maintenance payments.
Or, the child support arrangements may not align with the spouse’s means because of a substantial, involuntary pay cut. In these scenarios, the court may allow the spouses to ask the judge for permission to modify the divorce decree.
Common Types of Modifications
Ex-spouses may seek to modify their marital settlement agreement for many different reasons.
For example, they may want to terminate or change alimony — spousal maintenance — payments. This might be the case if an unemployed spouse gets a high-paying job and no longer requires alimony to support themselves.
Likewise, the recipient may get remarried, possibly disqualifying them from receiving spousal maintenance payments. Additionally, parts of the child custody or support arrangement may need to be changed to accommodate a job loss, relocation, or remarriage.
Legal Requirements for Modifications
Before you can secure a divorce order modification, you need to make sure you meet the legal requirements. The first is that you have a valid, enforceable divorce decree. The agreement needs to be signed by you and your ex and approved by a judge.
Additionally, you need to file the modification request in the appropriate court. In most circumstances, you may request these changes in the court that entered the original order. The other possibility is filing the petition to modify the divorce order in the county where you or your ex live. You may also have to have lived in that location for a specific length of time — e.g., six months.
Finally, you must have a valid reason to ask the court to modify the order. Typically, a substantial change in circumstances would allow you to request an update to the divorce settlement arrangement.
The Process of Modifying a Divorce Decree
To amend a divorce decree, you should follow the appropriate process for the court you are filing in. Ordinarily, this begins with ensuring you qualify to request a change — i.e., proving you meet the residency requirement and have undergone a substantial change in circumstances.
Next, you would prepare the appropriate paperwork, such as a petition or motion to modify the existing divorce decree. An attorney can help you identify the documents to gather and submit to the court. After you file the correct forms, you serve your ex with these documents by using an approved mail method or a process server — like the county sheriff. Then, you and your ex would discuss the proposed changes in front of a judge on your court date.
How a Greenville Divorce Lawyer Can Help
An attorney in Greenville can provide you with many advantages as you try to modify your judgment for the dissolution of your marriage.
For example, they can talk to you about your circumstances and your reasons for wanting the change. If your ex is the one who filed the modification documents, the lawyer can review the paperwork and explain what these mean and what you can do next. Additionally, the attorney can craft legal arguments to support your side of things and help protect your legal rights.
Turner Family Law Can Help You Amend Your Divorce Decree
If you’re wondering, “Can you modify a divorce decree?” it may be time to talk to a lawyer. You may qualify to amend the judge’s order in your dissolution of marriage case; however, you need to make sure you meet the legal requirements and appropriately follow the administrative process to do so. An attorney can help you determine if you’re eligible to modify your divorce settlement and, if so, how to initiate this.
Turner Family Law has vast experience assisting individuals and families in navigating even the most contentious family law disputes. We understand how trying these situations can be for families, and we seek to forge a partnership with our clients that maximizes growth, protects their legal rights, and creates practical solutions to their challenges. Reach out to J. Michael Turner, Jr. and his team today by calling 864-778-2734 to set up a time to talk about your concerns.
