2024 Legal Process Page

DIVORCE FACT  Approximately 5% of divorce cases go to trial.  This means that 95% of cases are settled with both spouses cooperating with each other, individual or mutual attorneys, mediators or other methods.

DMK Knowledge

Is there a way to change my Divorce Decree?

Modification

In some cases, a modification can be requested based on one or more consistent, material changes in circumstances and/or the best interest of the child(ren) (e.g., job loss or transfer, chronic illness, changes in financial situation, etc.)

In most states, to initiate the process, a motion to modify would be filed in the same court that issued the Final Judgement of Divorce (Divorce Decree). 

There are state specific guidelines as to what qualifies for a possible modification and what terms of the judgement may be modified.  If both parties are in agreement and the court feels sufficient time has passed since the original order was established, the modification is relatively straight-forward.  A judge must still approve the request for modification.  If both parties are not in agreement, the case is more complicated costly and time consuming.

Modifications are usually for spousal or child support, custody/visitation.   Most often, the courts will not modify the terms of the decree regarding marital property division.  In some states, exceptions may be possible (e.g., both parties are in agreement to modify those terms, the decree includes the possibility of modification of those terms) but a judge must still approve the request.

A request may not be approved if it has been filed too soon after the date of the original order and/or the terms were established in a settlement agreement rather than by a judge.

The law is complicated

As always, state laws vary as do individual cases; consult a local attorney for details and/or the local courts for filing instructions.

Appeal

An appeal is specific to wrongdoing rather than changes in current circumstances.

One should consult with a local attorney for clarification of permissible grounds in his/her state and further understanding of the laws as they pertain to his/her reason(s) to overturn the court order (e.g., the court made an error when applying the law to the case or there's new evidence).

In most states there is a limited time period (anywhere between 30-90 days - state specific) to appeal.   It’s uncommon to win an appeal of a divorce judgement that’s been fully executed by both spouses and approved by the court. This is especially true if the terms were established in a settlement agreement between both spouses.

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Get 12 tips to help you navigate the legal process of divorce. As always, seek the advice of a professional for details regarding state laws that may affect your own personal circumstances.

   Legal Process Tips

1. Most states have residency requirements for anyone that seeks a divorce through their courts.

2. Responsibility for marital debts is allocated according to the property division laws of the state if determined by a judge.

3. If you earn a higher income and/or have lower living expenses the court may consider allocating a higher portion of the marital debt to you.

4. Interrogatories are written questions the spouse must answer in writing, under oath.

5. Depositions are when a spouse or party must answer questions under oath before a court reporter.

6. Many times depositions are requested when there are suspected hidden assets.

7. When one spouse’s legal team requests the other spouse to produce documents like bank statements, tax returns, financial documents or otherwise it is known as a request or notice for the production of documents.

8. A subpoena orders a witness to appear before a court or at a deposition.

9. Request for inspection is when a spouse is in possession of some asset or financial documentation relevant to the settlement and the other spouse has reason to review or otherwise inspect or have access to them.

10. Hiding assets can have criminal and civil consequences.

11. It is very expensive and complicated to appeal your Final Judgement of Divorce (Divorce Decree).  There must be compelling circumstances specific to legal error, abuse of discretion and/or fraud.  Most have a low chance of success.  There are time limits to file an appeal.  However, most states allow additional motions to be filed within a certain period of time following the final judgement.

12. Formal Modifications to your Judgement of Divorce (Divorce Decree) may be possible and are generally straight forward when both spouses agree.   A Petition to Modify must still be filed and the modification must be granted by a judge.  If both spouses do not agree, then the spouse seeking the modification would need to demonstrate to the court a convincing and on-going change of circumstances (e.g., loss of job, job transfer, medical event) as a reason to seek the modification.  If you and your spouse agreed to a Settlement Agreement outside of court or with the help of a mediator, the court usually expects a reasonable amount of time to have passed following the judgement in order for there to have been significant changes to induce a reason for the Petition to Modify. 

-OurDMK.com

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