For individuals who have been through a divorce and reached a divorce settlement, the last thing that they likely want to do is return to court to modify a divorce order. Indeed, the process of reaching a judgment in a divorce or other family law case can be emotionally and financially draining.
At The Colwell Law Group, LLC, our divorce lawyers understand that as much as you may be opposed to rehashing issues in your divorce, divorce modification is sometimes necessary. If you want to modify a divorce order, our Warren County divorce modification lawyers are prepared to provide you with the legal guidance you need.
When you file for divorce and settle your divorce case, the judge who presides over your case may issue a number of orders that you are legally bound to adhere to. These might include orders regarding division of property, parenting time with children, child support, and spousal maintenance/alimony. Whether or not you follow these orders is not optional; failure to do so is a breach of a court order.
But over time, orders that were issued by a court months or years ago may no longer make sense or be appropriate for your circumstances. When this is the case, you can file a petition for modification. While you can seek modification of child custody and support orders, as well as spousal maintenance orders, you may not seek modification of a property division judgment.Criteria for Modification and How to File a Petition
You cannot modify a divorce order simply because you are in disagreement about the order’s terms; instead, you must provide evidence that proves that you have experienced a significant change in circumstances that warrants the modification. For example, if you are paying child support and lose your job or suffer a significant decrease in income, modification may be appropriate. Similarly, if you are receiving child support and your child is involved in an accident that leaves them with special or extraordinary needs, such as ongoing medical care, this too may warrant a modification of a support order.
In order to request a modification, you will need to file a petition with the appropriate family court in Warren County. Your petition must include supporting documents that justify the modification.
If your request for modification is agreed upon by your former spouse, it is likely that modification will be granted. If the modification is disputed, you may need to go to court to reach a resolution.
Our lawyers understand that over the years, circumstances change. We also understand that if you need to modify a court order, you may be pressed for time. When you hire our experienced Warren County divorce modification lawyers at The Colwell Law Group, LLC, we will work diligently to advise you regarding modification and review your case to determine whether or not it qualifies for modification, gather evidence to support your request, and file all appropriate paperwork with the court. We can also represent you in court.
Schedule a consultation with our lawyers today. You can request information by contacting us online or calling our law office directly.
Colwell Law
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518-462-4242