After your divorce is finalized and a divorce judgment has been issued, the last thing that you probably want to do is return to court. However, modifying a divorce order may be necessary when your circumstances change significantly, and you are no longer able to comply with an order, or when an existing order is no longer sensible for your situation.
If you have questions about divorce modification in Saratoga or are ready to file a petition to modify a divorce order, our divorce attorneys can provide you with competent legal representation.
The first thing that you should know is that there are some elements of a divorce judgment that cannot be modified. For example, if you would like to modify a divorce order for the purpose of changing a property and asset division settlement, this is not permitted. Instead, the only matters that you can modify in a divorce include orders for:
You can only modify a divorce order when your situation has changed enough to make the change reasonable and necessary. For example, if you were ordered by the court to pay ongoing child support, the amount of which was based on your income, and you lose your job or move to a lower-paying job, it is reasonable to petition the court and ask for a modification of a child support order. Or, if you were not granted physical custody of your child, but your ex-spouse is involved in an accident that renders them physically incapable of caring for your child, petitioning the court for full custody is reasonable.
In order to seek a modification of a divorce that is legally binding–you and your ex-spouse simply agreeing to changes has no legal significance and will not be enforceable by a court–you will need to file a petition for modification. If you and your ex-spouse are in agreement regarding the change, it is likely that a judge will sign off on it, assuming it is appropriate. If you and your spouse are not in agreement, you may need to attend mediations, or even go to court, to obtain an outcome.
Modifying a divorce order is a complicated legal manner that should not be pursued without the assistance of an experienced Saratoga County divorce modification attorney. At the offices of The Colwell Law Group, LLC, we can assist you in filing a petition, represent you during mediations and negotiations, and help you to gather and present evidence to the court in order to secure a favorable outcome.
When circumstances change, it makes sense that you might need to request a modification of a divorce order. To start the process, contact our office in Ballston Spa, NY today online or by phone.
Learn how to help your kids cope with your divorce with our complimentary guide for parents who are getting divorced or separated in New York.
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