If your ex-spouse has experienced a “significant change” in his or her circumstances following the final divorce decree, you might have the chance to change some elements of your current arrangement.
In general, the court would reevaluate the original arrangements for debt or property settlement, child support and custody, as well as spousal support, but only if you could demonstrate a significant enough change in your ex’s circumstances.
Basic Elements of Requesting a Modification
If you and your ex amicably agree to modify certain arrangements of your original divorce agreement, you’ll need to put in writing and then file it with the court. You and your ex might or might not have to attend a hearing, and if the court were satisfied with your modification request, the judge would approve it, making it legally binding.
On the other hand, if your ex was opposed to the modification, you would need to file for a “motion for modification” with the particular court that issued your existing divorce decree, and wait for its service to your ex.
You can tap a divorce attorney in Eagle County such as Lewis & Matthews, P.C. to help you with this.
What to Expect
Once the motion has been served, your ex would need to respond to it in a couple of days or weeks, and then wait for the court to set a hearing date. And because you’re the one requesting for a modification, it would be up to you to provide sufficient evidence of your ex’s “significant change in circumstances.”
If you’re seeking to modify the existing child custody, visitation, and support order, you should likewise be prepared to present proof to communicate to the court that a modification would be in your child’s best interests.
It’s also vital to keep in mind that if your ex fails to follow the original divorce decree, like violating the custody arrangement or failing to pay spousal support, you have all the right to file for a “motion for contempt” and request that the court enforce the original terms.
Requests for modifications require extremely specific filing requirements and very strict deadlines, and all these would vary from one state to another. With this in mind, you need to seek help from an experienced local divorce attorney to help you navigate the entire process.