The process of getting a divorce can be long and emotionally taxing. When your divorce is finalized, you may feel a sense of resolution. However, you might want to change or modify its terms if you don’t agree with the outcome or your circumstances suddenly change. An experienced divorce lawyer can help you bring your divorce decree in line with your current needs and concerns.
At Alward Fisher, our attorneys can guide you through the process of amending a divorce decree to seek the outcome you deserve. We understand that this could be a difficult decision you have not made lightly. We’re prepared to handle your case with compassion and understanding. Contact us today for a free consultation with a Traverse City divorce lawyer and tell us how we can help.
Appealing a Divorce Decree
While you may assume that a divorce decree is finalized once the court issues it, this is not necessarily the case. You have legal options if you aren’t satisfied with your divorce’s outcome, the first being an appeal. This must be done within 21 days of the decision. However, you cannot file an appeal if you have already signed a settlement agreement.
If you appeal the divorce, the judgment in your original case will be reviewed by the appellate court. Anyone appealing a divorce decree must be able to argue that the previous judge incorrectly applied Michigan law. When the law is applied or interpreted incorrectly in a case, the resulting judgment can be considered invalid and overturned.
Filing a successful appeal can be challenging. You should speak to a knowledgeable attorney with a deep understanding of Michigan divorce laws to see if your case will likely be overturned.
Modifying a Divorce Decree
If appealing your divorce decree is not a viable option, the appeal fails, or the circumstances of your life change, you may be able to modify the terms of your divorce. Generally, Michigan courts will consider modifications to a divorce decree when an individual can demonstrate a change in circumstances that impacts the divorce terms.
For example, if you have recently lost your job, you may wish to modify the amount of child or spousal support you must pay. Or you may need to request changes to your child custody or visitation arrangements if you are planning to move.
The most common modifications to a divorce decree typically relate to:
- Child custody
- Child support
- Visitation
- Spousal support
Michigan Divorce Laws and Changes in Circumstances
When your circumstances change and you need to amend the terms of your divorce, Michigan law gives you two options:
- Agreement — If you and your ex-spouse can agree on the changes, Michigan courts will generally allow you to sign a new divorce agreement without making additional demands. This new agreement will outline the agreed-upon modifications and be finalized by a judge.
- Modification — When former partners cannot agree on changes, a spouse can petition the court to make the necessary modifications by filing a motion to modify. The court will then conduct a hearing where a judge reviews the case and decides whether circumstances have changed enough to warrant an official modification to the original divorce decree.
While most modifications relate to custody issues and support payments, some apply to property division. Typically, both parties must agree to this modification. If not, the party who wants to modify the division of assets must show that their ex-spouse hid marital assets during the divorce.
Keep in mind that there are statutes of limitations on divorce settlements in Michigan. Depending on whether you seek a modification based on fraud or mistake or enforcement of an obligation, you may only have one year from the date the divorce judgment is entered to take legal action.
Do I Need a Lawyer to Amend a Divorce Decree?
Technically, you do not need a lawyer to modify or amend a divorce decree. However, you will likely benefit from the help of experienced counsel. Hiring an experienced family law attorney may give you the best chance of successfully modifying your divorce decree.
Appealing or modifying a divorce decree can be challenging, especially if you and your former partner don’t see eye to eye. It can also be exhausting to handle the steps required on top of your already busy life. A knowledgeable attorney can help you:
- Identify your goals and ideal results
- Navigate the legal system
- Review all your legal options
- Manage important documentation and deadlines
- Demonstrate your need for an amendment to the court
- Advocate for your rights to increase your chances of getting the best outcome
Contact the Family Lawyers at Alward Fisher to Amend Your Divorce Decree
At Alward Fisher, our family law attorneys will take a proactive approach to help you address the shortcomings in your divorce decree. We can use our knowledge and resources to help you seek to amend a divorce decree to reflect recent changes in your life and feel more secure about your future. We can also help you appeal a divorce decree if the law was inaccurately applied to your settlement.
If you need help changing the terms of your divorce, contact a Traverse City divorce attorney for a free consultation to review your case and legal options.
