When you and your spouse decide to file for divorce, it can be an incredibly overwhelming process. However, once all matters are settled and your agreement is finalized, you may be excited to move on with your life and start anew. The last thing you expect is to be back in court seeking a modification of your final agreement. If you want to modify the terms and conditions of your divorce decree, you’ll want to keep reading. The following blog explores what you should know about this process and the importance of working with a Nassau County post-judgement modification lawyer to guide you through these difficult times.
Why Might I Need to Modify My Divorce Decree?
Because a divorce decree is a legally binding document, you’ll find that changing it is not always easy. In fact, there are very few circumstances in which a divorce decree can be changed, and to make necessary alterations, you’ll find that the process can be complicated. Typically, in order to change a divorce agreement, you must be able to show that a substantial change in circumstances has occurred. Examples of this include, but are not limited to, the following:
- Losing a job
- Having a new child
- Suffering a chronic illness or injury
- Enduring a mental health change
- Retireing
- Moving
- Remarrying
Typically, most divorce modifications are centered around matters like alimony, child support, or child custody. For example, if you discover that your ex-spouse has married a new partner, you can petition to stop alimony payments, as you are no longer obligated to continue spousal support. Additionally, if your ex-spouse suffers a mental health episode, you may petition the court to change custody for the safety and well-being of your child.
It’s critical to understand that in these instances, you simply cannot stop following the divorce decree, as you must obtain permission from the courts first.
How Do I Make Necessary Changes?
If you wish to petition the court to modify the terms and conditions of the divorce decree, you’ll need to file the correct form with the court. As you can seek modifications for matters like custody, visitation, child support, alimony, or guardianship, you’ll need to ensure you submit the correct document to the court.
As mentioned, you’ll find that you must demonstrate the need for the modification as the petitioner. Unfortunately, as all courts differ, there is no exact definition of what makes a change in circumstances “substantial” enough. As such, the best course of action is to connect with an experienced attorney who can advocate on your behalf and help you fight to prove the substantiality of the changes you’ve endured.
At Barrows Levy, we understand how difficult these matters can be to navigate. That is why our firm is committed to helping you fight for the best possible outcome for your circumstances. When you need assistance, do not hesitate to contact our team to learn how we can help guide you through this complicated legal process.
