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Can you modify existing divorce conditions?

| Jan 15, 2018 | Blog |

There are many factors that can lead a marriage to end in divorce. Those who marry before the age of 25 are more likely to divorce than those who marry after 25, according to information provided by Refinery29

During a divorce, the couple will most likely need to go through the court to determine how everything becomes divided. Alimony, child support and visitation are all determined at this time. However, as the years go on, you may find that a change to the initial agreement is necessary. It is possible to make a change, but it can be tricky. 

Circumstances that must be present

Whether a divorcee wants to receive more alimony, pay less alimony, spend more time with the children or something else, he or she must prove there is a tangible reason why this change is for the best. This will require the person to prove he or she has undergone a substantial change in the time since the first decree went into effect. For example, if one divorcee lost a job and now makes much less money at a new job, then the current alimony payments may become inadequate. 

Regardless of what the exact circumstances actually are, the court will figure out what to do on a case-by-case basis. Ultimately, the court needs to decide what will be in the best interest of any children. 

Can parents change agreements on their own?

Two parents may decide they do not want to go through a lengthy court process and simply make alterations to the agreement on their own. This can be precarious because if the court finds out the parents have not followed the agreement, then punishments could come into play. Ultimately, it is preferable for the two former spouses to go through their lawyers. If the parents both agree on the changes, then attorneys can write up a modification to submit to a judge for approval. The judge will most often allow it, and neither parent has to step foot in a courtroom.