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. Call today to learn more or discuss your case with an experienced Schenectady County divorce lawyer.
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.
Certain judgments in a Schenectady County divorce cannot be modified. For example, a property distribution judgment is final once it is issued. You can, however, request modification of:
Please note that spousal maintenance can only be modified in rare circumstances.
While modification of a court order may make perfect sense in your eyes, your ex-spouse may not be so keen on the idea. If you and your spouse do not maintain an amicable relationship where you are willing and able to work through a modification and come to an agreement together, seeking modification of a court order can be a contentious and legally intensive pursuit.
At The Colwell Law Group, LLC, we help you to file the necessary forms for modification, negotiate with your spouse, and can represent you in court if it comes to that. Our lawyers are not only competent and experienced but sensitive to what you are going through.
Scheduling a consultation with our law firm is the first step in seeking modification of a divorce order. Reach us online, or call us directly at 518-320-7314.
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.
Colwell Law
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(518) 462-4242
513 Broadway