After receiving your divorce decree, you might think the hard part is over. Unfortunately, problems with the divorce decree are bound to crop up sooner or later. People get remarried, find new jobs, or move. The original court orders no longer work for one or both of you and need to be changed. Also, as your children grow, they might have different financial, medical, and psychological needs as well.
At the Colwell Law Group, we help clients request modification of divorce orders from the judge. The process is not easy, and there is no guarantee that the judge will agree to the modification—especially if your ex-spouse wants to fight you. To build the strongest case possible, you need an experienced divorce modification attorney representing you.
To obtain a modification, you will need to show that there has been a significant change in circumstances. Judges do not modify existing divorce orders simply because you are unhappy with them or because they are inconvenient. Our clients have requested modification of the following court orders:
- Child custody: circumstances might have changed such that you should get custody of your children.
- Visitation: the visitation schedule might no longer work because of a new job or because you have moved.
- Child support: your child might need more support because of illness or disability, or you might need to reduce your child support payments because you have lost a job or become disabled.
- Spousal support: spousal support might no longer be necessary because your spouse has obtained a higher-paying job or remarried.
The party who wants the modification must file a petition with the Family Court explaining how circumstances have changed, and then they must serve it on the other party. Your ex-spouse can either agree to the modification, propose their own, or fight any change. A judge will then hold a hearing where each side can present evidence.