Divorce Agreement Modification
Can a divorce agreement be modified?
After the divorce is over, both spouses may assume that a divorce settlement is final.
After it has occurred, you may find that some circumstances warrant a change to a divorce settlement agreement. This may be due to your current lifestyle or that you might not have liked the agreement’s original terms.
Whether the couple had an uncontested or contested divorce, a modification to the original divorce agreement is an option that can be considered by the separated or divorced couple. But how can the contract be changed?
This article will help explain divorce agreement modification and when it can occur.
What Is Divorce Agreement Modification?
Divorce agreement modification is the process of changing the terms of your divorce settlement agreement. They can change terms and conditions related to custody of children, child support, alimony or spousal support, and property division between the couple.
Can Divorce Papers Be Changed After They Are Filed?
Yes, any terms regarding the property, debt, and almost all other financial matters can change after the papers get signed both amicably and in dispute.
Changes have had to occur in your life that proves to have affected your ability to fulfill those terms. This should be in comparison to the last time you were in court during the original divorce agreement.
What Circumstances Can Justify Modification?
Any modification to a divorce settlement agreement can occur for a variety of reasons. Some common reasons that can change a divorce agreement include:
- A spouse’s income has either increased or decreased.
- Issues with child custody, i.e., a child living with the other spouse now lives with you.
- A parental schedule for one of the spouses needs to change.
- A spouse is moving to a new location.
- The amount of child support needs to change, generally when child expenses increase or the child becomes disabled.
- A parent is either abusive to the child or has become addicted to drugs or alcohol.
Keep in mind that property division and debt division are some of the only circumstances that a divorce agreement modification is not allowed. You can bring contempt for property division, and you can ask the court about new orders for property division.
Consider Divorce Agreement Modification if Necessary
The terms of a divorce settlement agreement are not always final. The settlement that may have fit your split family at one point may not work anymore. If you decide to modify the terms of the original divorce or need to make sure a spouse follows through with the modification, make sure to first consult with a lawyer.
Given the complexity of the modification process, it would be in your best interest to have an experienced divorce attorney assist you in pursuing this course of action.
If you need to change your divorce settlement agreement, contact Dalena & Bosch Attorneys at Law today. We will offer you an initial consultation and take you through the steps of divorce agreement modification. We possess the experience and expertise that will allow us to assist you both diligently and effectively.