The process of modifying a divorce decree

On Behalf of | Oct 18, 2019 | Divorce

If you have already finalized your divorce, you may have some regrets. There could be certain things that you are dissatisfied with, or you may believe that the divorce courts made a decision that does not apply to your current circumstances.

If you are unhappy with some aspects of your divorce decree, it could be possible for you to modify your divorce judgment. In order to do this, you must follow a specific process.

Filing a motion to modify

You will need to file a motion to modify the divorce decree at the same court where the divorce judgment was issued. When this has been drafted, you will need to serve it to your former spouse.

Demonstrate a change of circumstances

As part of the motion to modify, you will need to demonstrate that a change in circumstances has occurred, and therefore, that it is necessary to alter the divorce decree. A significant change in income due to the loss of a job could be a good reason to file a motion to modify, for example.

Present your argument at a hearing

When you have filed your petition for modification, you will need to present your argument at a court hearing. Likely, a hearing will only be necessary if you and your ex-spouse do not agree on the suggested modification of the divorce decree.

It can be challenging to successfully modify a divorce decree, but it is possible under certain circumstances. If you believe that the courts made an error, you should consider filing an appeal. This will mean that your divorce decree will be assessed by the appeals court.