At the conclusion of your divorce, a divorce judgment will be issued that outlines the terms of your divorce. Your judgment will include a court order regarding the division of property, whether or not one spouse will pay alimony/spousal maintenance to the other, with whom any children will live, and how much a spouse must pay in child support payments, if applicable.
When a divorce judgment is issued by a court, it must be followed. However, over time, the terms of a divorce settlement may no longer be sensible, and one or both parties may wish to modify the divorce terms. If you find yourself in this position, our experienced Schenectady County divorce modification lawyer can help.
When Can New York Divorce Issues be Modified?
When one party in the divorce is no longer able to meet the terms of a divorce judgment as a result of significant life changes, the party may petition the court for modification. In some cases, both parties may agree that modification is necessary. For example, if a mother was originally given primary physical custody of a child, but now that child is a teenager with whom the mother is struggling to cope, and who no longer wishes to live with the mother, both the mother and the father may agree that it is best if the child lives with the father. When both parties agree to the modification, modification is relatively straightforward.
When both parties are not in agreement regarding a modification, then things are more complicated. Similar to how the original settlement was reached, you and your attorney will need to meet with your ex-spouse and their attorney in order to reach an agreement that can be submitted to the court. If an agreement cannot be reached, you may have to return to court to have a determination made by a judge.