Divorce is a serious and life-changing experience. The terms of a divorce agreement are designed to provide clarity and outline how things will be moving forward for both parties involved. However, as time goes on and circumstances change, you may wonder whether your divorce order can be changed. A divorce agreement can be modified after finalization under certain circumstances, but it is not always a simple process. If you have questions or concerns regarding your divorce agreement, continue reading and consult with a Sussex County, Sparta post-judgment modification attorney today.
Can a Divorce Agreement Be Modified After Finalization?
Yes, certain aspects of your divorce agreement can be modified even after the order is finalized. Although divorce agreements are court orders and are, therefore, legally enforceable, they are not necessarily set in stone.
Some common reasons that you may file a motion to modify your divorce agreement include the following:
- Increasing or decreasing alimony payments
- Increasing or decreasing child support payments
- To alter custody or visitation arrangements
- To relocate the child to another state
- For reimbursement of medical expenses
- To enforce the terms of the agreement
- To alter property or debt division decisions
It is important to note that most courts will not reevaluate property division or debt allocation. However, if there is evidence of fraud, a serious miscalculation, or if both parties agree, the court may approve a modification.
How Can My Divorce Order Be Changed?
If you want to change your divorce agreement (or enforce the terms), you are required to file a motion with the same court that originally issued the court order. The process can be complex and requires a variety of paperwork, so it is wise to have representation during this time.
With the help of your family law attorney, you can request a change. The motion should outline the reason for the modification and provide supporting evidence like financial records, medical information, or any other documentation relevant to the circumstances. After reviewing your request, the court will schedule a hearing to evaluate the situation and make a decision regarding whether or not to approve the modification.
It is important to keep in mind that both you and your spouse will have the opportunity to present a case of whether or not you want the change. You must tell the other party in writing that you are requesting the court to hear your motion, including the time and date of the scheduled hearing. The other party or their attorney must receive notice at least 24 days before the motion is scheduled to be heard.
It is important that you take the correct avenues when requesting a modification of your divorce agreement to ensure that your rights are protected. To learn more about your legal options and the process of changing a court order, reach out to an experienced attorney at Paris P. Eliades Law Firm, LLC today.
