Circumstances in life change, sometimes dramatically, and a situation that existed when you divorced may no longer be true or viable. When a change becomes necessary, you can take steps to modify your divorce decree, and your attorney can help with the process.
A petition for modification to the terms of your divorce must go through the court system, and you will need evidence to back up your request.
Show legitimate need
In seeking to modify your divorce decree, you must show that you have a legitimate reason for doing so. For example, the company you work for may be moving you to an out-of-state location. Perhaps you developed a serious illness, or your child has become seriously ill. New expenses may have arisen, such as tuition or your child’s need for orthodontics.
You may have a legitimate need for a custodial change. This may involve a significant problem with your former spouse, who may have become addicted to drugs or alcohol, and you worry that he or she is physically or sexually abusing your child. On the other hand, your ex may have a new spouse who is undermining your relationship with your son or daughter by giving advice or permission that contradicts the values you are trying to teach.
Changing terms of child support
If you are the parent providing child support, you may need to modify the divorce decree because you are experiencing a decrease in income. If you are on the receiving end of the child support, you may want it increased because of a change in your child’s life. Again, you will have to provide evidence to substantiate the reason for this kind of request.
Seeking legal help
A change in circumstances accompanied by the need to alter your divorce decree can be very stressful. At a time like this, you need legal support. An attorney experienced in family law and divorce modifications is standing by to help.