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Can I get my divorce decree changed?
First, you should know that it's not an easy matter to get a divorce decree modified. Family law courts do not want to have divorced couples coming back again and again to rehash the details of their divorce decree. All the details of the divorce when it first come's to the judge's attention are carefully considered, in order to create a divorce decree that is solid, final, and accepted by both parties.
High Standards for Modifying a Divorce Decree
However, there are a number of circumstances in which a divorce court may modify the original decree. These include:
- One spouse concealed +a significant asset or liability during the divorce proceeding, and it came to light after the final decree. Each spouse was required to provide full disclosure of assets and liabilities in the divorce, and if one spouse intentionally provided incorrect information to the judge, the divorce decree may be modified. In addition, the spouse who gave false information may be penalized.
- A child custody arrangement may be changed due to new circumstances in the family. This does not mean that if one spouse does not like the child custody arrangement, he or she can simply get the divorce decree modified. Family law courts use a very high standard for changing aspects of a child custody arrangement, because of the emphasis on the well-being of children after their parents divorce. A bona fide reason for changing the custody arrangement will be required for any modification of the decree.
- Spousal support (alimony) or child support issues may also qualify as the basis for a change in a divorce decree. If the financial circumstances of one or both spouses change significantly, the circumstances may provide a valid basis for a modification.
Consult a Divorce Attorney
If you want to get your divorce decree changed, the first step is to consult a qualified divorce attorney. He or she can advise you of the chances of obtaining a modification. Every divorce has it own unique story. You can consult the attorney who represented you in your divorce, or you can seek new legal counsel. Contact an experienced divorce lawyer in your area today.
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