When you and your spouse decide to divorce, the court will issue what is known as a divorce decree. Essentially, this document details the outcome of your divorce, with matters like alimony, property division, and child support addressed. However, as your life progresses, the terms and conditions within the document may no longer make sense for your circumstances. As such, you may wonder if it’s possible to modify a divorce decree after it’s been finalized. If this reflects your circumstances, the following blog explores what you should know about these matters, including the importance of working with a Long Island divorce modification lawyer to help during this process.
Is It Possible to Modify a Divorce Decree?
First and foremost, it’s critical to understand that you are able to modify a divorce decree after it has been finalized by the court. However, you should note that you cannot simply change the agreement because you are unhappy with the terms and conditions you must abide by.
In order to receive a modification to your divorce decree, you must experience a substantial change in circumstances first. It’s imperative to understand that matters like your spouse’s failure to pay child support on time, for example, do not warrant a modification to the agreement. Instead, you would petition the court to enforce the order. However, if you experience a significant decrease in your income due to a sudden illness, you can petition the court to alter the order to increase your alimony or child support amount.
Matters revolving around child custody are typically more difficult to change. However, if you can show that altering the agreement would be in the best interest of the child, you may be able to persuade the court to change the previously established agreement. For example, if you have reason to believe the child is not in a healthy living environment or they are subject to abuse when in the custody of their other parent, you may be able to show how the circumstances have changed, warranting a modification to the agreement.
What Steps Must I Take to Modify an Agreement?
If you want to modify a divorce decree, it’s important to understand your legal options first. Generally, one of the most important things you can do is immediately contact an attorney to explore the necessary steps. They can assist you through this process to help ensure you fill the forms out correctly while gathering important information to help you fight for the best possible outcome when seeking a modification.
Typically, the first step in the court process is to submit a petition to the court explaining what part of the decree you wish to change and why. Once you’ve filed this with the court, you must serve your ex-spouse with the papers. This essentially informs them of the petition you’ve filed and information about the court hearing to determine if these changes are warranted.
As you can see, this process can be incredibly complicated to navigate on your own. That’s why it’s critical to connect with an experienced family law attorney to guide you through these matters. If you’re ready to petition the courts, the team at the Law Offices of Jay D. Raxenberg, P.C., is here to help. We understand how complicated these matters can be, which is why our experienced team can help you fight for the best possible outcome for you and your family. Contact us today to learn more.
