When and How to Modify Your Divorce Decree

As the months and years pass after your divorce, you may find that certain aspects of your divorce decree no longer apply to your life. Because divorce decrees are legally binding, modifying them to fit your current situation is a process. It is important to know when to modify a divorce decree and how to make these changes to make the most of your time and resources. Cordell & Cordell can represent you through the modification process.

Appealing vs. Modifying a Divorce Decree

You can change a final decree in two ways, though appealing can be more difficult than modifying the decree. While both are effective, they are for two different reasons.

Appealing a Divorce Decree

When you appeal the decree, you are asking the appellate court to review the family court’s ruling. It is very difficult to have a divorce decree overturned, as the appellate court will favor the family court’s ruling unless the appellate court finds significant legal error in the lower court’s ruling.

Generally, it must be an error of law or an abuse of discretion by the lower court. For example, the court clearly and unfairly ruled in favor of your ex-spouse or ordered the bulk of parenting time with a spouse who is violent or has addiction issues. Another example is if new evidence comes to light regarding the finances of either party. The appellate process is also expensive.

Can You Modify a Divorce Decree?

You can ask for a modification of a divorce decree to change it. It can be less expensive and usually more successful. The family court can change certain issues, such as child support, time-sharing, and spousal support payments.

To modify a divorce decree, you must reopen your original divorce case and file a motion for modification. You will need to show how circumstances changed and why they warrant a change in the divorce decree.

Each state has its own modification process. In most states, you can mediate the issues. You meet with a third party who conducts the mediation. If you can come to an agreement, you may need to attend a short hearing so the court can modify the original divorce decree.

In New Hampshire, for example, you petition the court to change the final order. You must serve the other party with the new petition. Even if you were the respondent and are now the petitioner, you remain the respondent in the modification case.

In Virginia, the parties can ask for a modification by filing a petition with the court. Others may petition the court, including the court itself, probation officers, and the Department of Social Services. You must show a material change in circumstances for the court to allow the modification.

In California, you can create a new agreement and submit it to the court. If you and your ex-spouse can’t agree on the changes, you can petition the court to change the order.

Reasons for Divorce Decree Modification

Regardless of what state you are in, you must have one or more reasons to modify a divorce decree.

1) Substantial Change of Circumstances

If you have a significant change in circumstances, you can ask the court for a modification. In some cases, your ex-spouse may have a significant change in circumstances, such as getting remarried or getting a promotion and significant wage increase. You can also petition the court based on a change in your ex-spouse’s circumstances. Examples of significant changes include:

• Change in income
• Change in employment
• Retirement
• Unable to work because of a disability

2) Changes in Personal Life

Your personal life can change, which could trigger a reason to modify a divorce decree. Some examples include:

• You or your ex-spouse remarried.
• Your ex-spouse committed a crime.
• You or your ex-spouse have mental health issues that preclude you from working or caring for the minor children.
• Your ex-spouse changes their residence.

3) Changes in Living Situation

If your living situation changes, it may make it harder or easier to see your children. Moving closer to your ex-spouse makes it easier, but moving farther away can make it more difficult.

How To Modify Your Divorce Decree

While each state has its own process for divorce decree modification, it all boils down to changing the original court order. Thus, you must petition the court to change the order. Even if you come to an agreement on your own, you must ask the court to incorporate the new settlement agreement into a new court order, especially when dealing with issues such as custody arrangements, child support payments, parenting time, and spousal support payments.

In most cases, the steps are similar to these:

1. File a “Motion to Modify” or “Petition to Modify” your divorce decree.
2. Identify the original order you want to modify, whether it is the final judgment, a child support order, or a custody order.
3. Describe the significant or material change in circumstances.
4. State the changes you want to make.

If a child is involved, state that the modification will be in the best interests of the child. Once you file the motion or petition, the court will determine if the evidence you presented is enough to prove a significant change in circumstances and will either grant or deny your motion.

The modification process, though easier than the appeal process, can still be difficult, especially when asking for a downward modification in alimony or child support. A family law attorney can advise you about a post-divorce modification.

Why Work with Cordell & Cordell’s Divorce Lawyers

The divorce attorneys at the law firm of Cordell & Cordell have been helping men involved in family law disputes, including custody modifications and other modifications, since 1990. Our family law firm has an A+ rating from the Better Business Bureau and has earned accolades from clients and colleagues around the country.

Client Experience

“[My lawyer] was great! I believe I would have been better off today had I used your services from the onset. My post-judgment situation was unnerving, but you all stepped in and did what was needed.” — Edward S.

“All around, [my lawyer] did exceptionally well for me. He got everything I was fighting for, he communicated with me well, and it was just all around a great experience.” — Christopher K.

Fight For a Fair Agreement. Fight For Yourself.

Cordell & Cordell represents men in various family law issues. Contact our team today at 866-DADS-LAW or fill out our online contact form to schedule an initial consultation about modifying your divorce decree.

Disclaimer: This page serves as a resource and is not to be taken as legal advice.