In a divorce, the final divorce decree is not always final. If you’re not happy with the court’s decision regarding your divorce, or circumstances change down the road, you may be able to make some changes. If you want the decree overturned, you’ll have to file an appeal. This can be a lengthy process because you’re asking one court to overturn another court’s decision.

If you want to change child custody, child support or alimony decisions down the road, though, because circumstances have changed, this is easier to do and can be done with a divorce modification. The court understands that your life and the lives of your children may change as time goes on. You may lose your job and be unable to pay as much child support. You may be at odds with your teen child and feel he would benefit from living with his dad instead of you.

If you and your ex-spouse both agree to the changes, they should be relatively easy to modify. Count on the Herkimer County divorce modification lawyers at The Colwell Law Group to help you through the process.


The Process

Contact your attorney to help your draft a revised agreement. This agreement is then filed with the court so it can be considered a new court order. If you are changing child custody or visitation, you can file a Custody/Visitation Modification Petition for free. If your ex-spouse agrees, the order will become final.

If your ex-spouse does not agree to the changes, the attorneys will work to reach an agreement. If an agreement cannot be reached, your attorney will need to file a motion with the court. The court will then schedule a hearing. Your attorney will present your side of the case, and the other attorney will argue against it. The judge will then make a decision.

Significant Life Changes

To modify a divorce agreement, you must be able to justify it by proving a significant life change. Some examples include:

  • One parent is relocating out of state.
  • One parent has experienced a significant change in income (higher or lower)
  • A child’s medical condition requires more financial resources.
  • A parent has a mental illness or substance abuse problem, has been accused of child abuse or has been put in jail, necessitating a change in child custody.
  • A parent’s new spouse is trying to raise the children in a negative way.
  • One parent is experiencing constant conflict with a teen child and feels he or she would adjust better by living with the other parent.

If you have experienced any of these situations, the Herkimer County divorce modification lawyers at The Colwell Law Group can help you understand your legal options.

Contact a Herkimer County Divorce Modification Lawyer Today

Life changes, and sometimes what worked in the past no longer is feasible. If you need to modify alimony, child support or child custody, there are ways to do so after your divorce has been finalized.

The knowledgeable Herkimer County divorce modification lawyers at The Colwell Law Group can walk you through the process. We’ll help you achieve your desired outcome. To schedule a consultation, call The Colwell Law Group at (518) 864-0564 or contact us online.

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