Are you thinking about getting a divorce, or are you in the process of divorcing? If so, you may be familiar with the numerous issues you must settle with your spouse, including property division, child custody arrangements, and spousal support payments.
As you move forward with your divorce, you may wonder whether the terms of your divorce are permanent. When your circumstances change, what about the agreed-upon terms of your divorce? Is a divorce decree iron-clad, or can it be adjusted over time?
At Alward Fisher, our Traverse City divorce attorneys know the challenges you face during a divorce. You need compassionate, effective legal representation throughout the process to make the best decisions for yourself and your family. Should you need to modify the terms of your divorce, our knowledgeable divorce attorneys can help you make the changes you need to move forward with your life. For years, we have advocated for the rights of individuals and families in Northern Michigan, and we can do the same for you.
Contact our office to learn more about what our family law attorneys can do for you.
What Is Post-Judgment Modification?
A divorce decree explicitly lays out the terms of a divorce. However, the factors that affect the terms of a divorce may change over time. When the circumstances of your life shift, and your original divorce settlement does not address these changing circumstances, it may be time to request a post-judgment modification.
A post-judgment modification is a request presented to the court explaining how an individual’s circumstances have significantly changed and providing justification for a modification to an original divorce decree.
When Can You Make a Modification?
A person wishing to modify a divorce decree must petition the court for a post-judgment modification and demonstrate that a significant change in their circumstances warrants a change to the decree.
Examples of a substantial change in circumstances that may warrant the modification of a divorce decree include:
- Substantial changes in a person’s financial situation
- Unemployment or job loss
- Promotion or significant pay raise
- Remarriage
- Disability or disabling condition of a parent
- When a child suffers abuse, neglect, or domestic violence
- When a child becomes emancipated
- When changes in child custody arrangements are needed
Either partner can request a post-judgment modification as long as they can establish how their circumstances necessitate a change in the divorce terms.
Common Types of Divorce Judgment Modifications
The most common types of divorce judgment modifications involve child support payments, alimony payments, and child custody arrangements.
When an individual’s financial situation significantly changes, they may seek to change the terms of their divorce decree. For instance, new circumstances like a promotion or pay raise can warrant a modification, as a partner may wish to increase the amount of child or spousal support they receive or provide.
The same is true in cases where unemployment or another unfortunate event causes financial hardship. In that situation, an individual can petition the court to reduce their child support or spousal support burden because they no longer have the same means to contribute.
Adjusting child custody arrangements is also one of the most common forms of divorce judgment modification for parents with minor children. One or both parents may need to modify their custody or visitation arrangements to better fit a child’s needs. Furthermore, a change to a parent’s living situation can warrant a change to custody arrangements. Allegations of abuse, neglect, domestic violence, or substance abuse in a household are also factors that can justify a change in child custody arrangements.
What Is the Modification Process?
If you and your former partner agree on the changes that must be made to your initial divorce decree, petitioning for a divorce modification can be straightforward. The process begins by filing a motion to modify with the court. The court will review your proposed changes and determine whether to approve them. If approved, the changes may go into effect immediately. However, in some cases, the court might schedule a hearing before approving changes.
If you and your former partner disagree on the proposed changes to the terms of your divorce, the process can be more complicated. One party must file a motion to modify with the court. The court will then schedule a hearing where the party requesting the modification presents evidence demonstrating why the changes are necessary. If approved by the court, the changes can typically go into effect immediately.
It is always in your best interest to seek the advice of a knowledgeable post-judgment modification attorney to help you correctly file the necessary paperwork and present a compelling case to the court.
Can’t We Just Change Our Arrangements Without Officially Modifying the Divorce?
While you can change your arrangements without officially modifying the divorce decree, it is not recommended. If you do, you could face significant legal repercussions if your former spouse changes their mind, and remember that divorce decrees are legally binding orders.
Although the modification process may seem daunting, officially changing the terms of your divorce decree protects you and your family. A post-judgment modification makes all the terms binding and enforceable. If your partner decides not to abide by the terms of your “unofficial” agreement, you have no legal recourse.
Modifying your agreement the correct way protects you and your family, ensuring both parties stick to the terms of the arrangement. It can give you peace of mind that child support payments will be made and child custody arrangements will be followed.
Contact Our Post-Judgment Modification Lawyers to Learn More
Are you interested in learning more about how you can pursue a post-judgment divorce modification in Michigan? If so, our compassionate Traverse City divorce attorneys are prepared to help. Our legal team can review the facts of your case and your proposed changes and help you seek a post-judgment modification that addresses your new needs and goals.
Contact our Michigan office to speak to our divorce attorneys about your legal options. When it comes to family law matters, we can help you make the best decisions for your future.
