When you and your spouse divorce, one of the most important outcomes will be your divorce decree. This is a document that details how different aspects will be handled. This includes matters like alimony, property division, and child custody. However, as your circumstances change over time, you may find that the terms and conditions explained in the divorce agreement no longer reflect your best interest. As such, you may wish to modify your divorce decree for these matters. If this reflects your circumstances, you’ll want to keep reading to learn how Long Island divorce modification lawyers can assist you through this complicated legal process.
Is It Possible to Modify a Divorce Decree?
It’s not uncommon for your circumstances to change in the months or years following your divorce. As such, you may want to change the terms and conditions of the agreement to better reflect your current situation. You should note, however, that there are specific circumstances in which this can be changed. You cannot change the conditions in your divorce decree simply because you are unhappy with them.
The following are considered acceptable reasons by the court to warrant a modification to an established divorce decree:
- A significant increase or decrease in pay
- Relocation by a parent
- The child experiences a change of circumstances that impacts custody
- One party suffers a serious illness or injury
- One parent remarries
- There are allegations of abuse or neglect by either party
It’s important to understand that if you want to modify the terms and conditions of your divorce, seeking a court-ordered enforcement is critical. Though you and your ex-spouse may agree to follow specific changes, you are not protected in the event that they change their mind.
What Steps Must I Take?
If you have reason to modify the terms and conditions of your divorce decree, it’s imperative to understand your options. Generally, the first step is to talk to your spouse about the changes. If this is a matter you both agree on, you can submit a proposal to the court showing that you both support the alterations to the current divorce decree.
However, if you cannot reach an agreement, you must file a formal petition with the court requesting the modification. Once filed, you must have your spouse served so they are aware of the impending court date. Once served, your ex-spouse will have an opportunity to respond to the petition and explain their circumstances. Finally, the court will review all evidence and arguments before deciding whether or not to implement the requested modifications.
As you can see, the process of changing a divorce decree can be overwhelming. That is why it is critical to connect with an experienced attorney to guide you through these matters. At the Sklavos Law Firm, we will do everything in our power to help you and your family receive the best possible outcome. Contact us today to learn how we can fight for you.
