Modification of Divorce Decree
What is a Divorce Decree Modification
A divorce modification is a formal legal process which changes the existing terms in a divorce settlement agreement or Parenting Plan. A divorce modification can be used to amend or alter terms for most points of a divorce, except for reversing the divorce itself.
What about informal agreements? Any informal agreements that you and your spouse may have settled on, which differ from your decree or Parenting Plan, will not be recognized by the court if there are any problems. While many divorced couples can and do make informal agreements, they are not legally binding.
How to File Divorce Decree Modification
To pursue a modification, the party seeking the change typically needs to file a motion with the court that issued the original divorce decree. In Georgia, a person may file for modification only once every two years.
Do you need a lawyer for a divorce modification? No, but it is strongly encouraged. A lawyer with substantial experience knows how to advocate in a way that is most appealing to the court. Additionally, a lawyer knows how to avoid common mistakes and cover things you may not think about.
To be successful, the requesting party must demonstrate a substantial change in circumstances that justifies the modification. This is where the services of a lawyer are extremely valuable. The court will review the facts and decide whether to grant or deny the modification.
When is a Modification Appropriate?
After a divorce is finalized, circumstances in the lives of the parties involved may change, making it necessary to modify certain provisions of the divorce decree. Common reasons for seeking a modification include changes in income, employment status, health, or living arrangements. For example:
Child Custody and Visitation Modification: If there is a substantial change in circumstances, such as a parent's relocation or a change in the child's needs, a party may seek a modification of the custody or visitation arrangements.
Child Support Modification: Changes in income or financial circumstances of either parent may warrant a modification of child support orders.
Spousal Support (Alimony) Modification: If there is a significant change in the financial situation of either party, it might be grounds for modifying spousal support orders.
Property Division Modification: In some cases, changes in circumstances may justify modifying property division arrangements, though this is less common.
It's important to note that the courts are not required to automatically approve modifications. Hiring a competent family law attorney that can present compelling reasons for the modification is critical. We invite you to check out our reviews on Google and learn why we are a great choice for divorce issues.