Post-Divorce Modifications: When and How to Seek Changes

After finalizing a divorce, there may come a time when you need to revisit the terms of your divorce settlement agreement. At Hammer Serna & Quinn, LLC, we understand these situations and are here to guide you through the process of post-divorce modifications.

What is a Post-Divorce Modification?

Post-divorce modifications refer to changes made to a divorce settlement agreement after it has been finalized by the court. These modifications can be requested if there has been a substantial change in circumstances that affects the original orders.

For instance, changes in income, living arrangements, health, or the needs of the parties or children may necessitate a modification. Understanding when and how to seek these changes is crucial for protecting your rights and the welfare of your family.

When Can You Request a Post-Divorce Modification?

There are specific guidelines regarding when a party can request a post-divorce modification. For child custody orders, modifications generally cannot be made within two years unless the child’s safety is at risk.

However, modifications to parenting time can be requested without a waiting period if both parents agree. Changes to property division orders are generally final but can be revisited if there are undisclosed assets or financial information.

How to Seek a Post-Divorce Modification

To seek post-divorce modifications, a party must file a Petition for Modification with the circuit court in the county where the original order was entered. Once filed, court approval is required, and a hearing may be scheduled where both parties can present evidence.

Navigating this process can be complex and overwhelming. It is recommended to consult with an experienced family law attorney, like those at Hammer Serna & Quinn, LLC, to ensure your interests are effectively represented.

Practical Examples

Consider a scenario where one party experiences a significant increase in income after the divorce. This could lead to a petition for modification of child support or alimony payments. Similarly, if one parent wishes to relocate with the child, this could prompt a request to modify the custody agreement.

In each case, the party seeking the modification would need to demonstrate a substantial change in circumstances and obtain court approval for the changes.

Key Takeaways

Post-divorce modifications are an important part of family law that allows for adjustments to be made when life circumstances change significantly. Understanding the process and requirements for seeking these modifications is crucial for ensuring your rights and the welfare of your children are protected.

Navigating post-divorce modifications can be complex, but you do not have to do it alone. The attorneys at Hammer Serna & Quinn, LLC are experienced in handling these matters and are here to provide steady guidance during what can be an otherwise tumultuous time in your life.

Contact Us for Guidance

The key to successfully navigating the post-divorce modification process is understanding the guidelines, knowing when and how to file a petition, and having an experienced family law attorney by your side. At Hammer Serna & Quinn, LLC, we are dedicated to providing compassionate and personal representation in all aspects of family law. Contact us today to learn more about how we can assist you with your post-divorce modification.