When divorce terms are first put into motion, they are created to have the most fair circumstances for both parties and any children that may be involved. However, as time and life go on, the specific conditions of the divorce agreement may become difficult or unnecessary. That is when many seek an adjustment of these terms. The most common divorce modification is child support.
If the ex-spouses can agree on the changes that they want made to the divorce terms, then making these modifications should be a fairly simple endeavor. Simply get in touch with a divorce attorney and create a revised document. Dummies explains the best way to go about making modifications outside of court:
Modifying your agreement or the judge’s court order should be relatively hassle-free, assuming that the court shares your perspectives. Just as you did when you got your divorce, you must draw up a revised agreement with the help of your attorneys to be certain that you do not create any problems for yourselves. Then the attorney of whoever wanted to change the agreement files the agreement with the court so that the new agreement can be court ordered.
If both parties are not cooperative or wish to makes changes on child support or alimony, however, then this proves to be a more complicated endeavor. One tactic is to employ mediation. This will help avoid the costs of involving an attorney. Visitation schedules, for example, should be settled outside of court as long as the parents can agree to the terms.
It is important that if settled out of court, the changes be written up in an official document and signed by both parties. An attorney will be able to write a contract that is legitimate and has clear language. Note that child support agreements and alimony may not be adjusted outside of court.
When it comes to disagreement, involving a divorce attorney is the best tactic. The attorney will help find evidence that will show the court the reasons for the requested modifications to be made. The other party’s attorney will supply a counter-argument and the court will decide which stipulations they believe to be fair. Typically, only a substantial change in life circumstances warrants a change to the divorce agreement. These circumstances are usually related to income or relocation. However, whenever children are involved, the court will base their decisions on what is best for the children.
It is important to note that property settlement modifications are prohibited in most states, while other states only allow these changes for up to 30 days after the divorce. Every state is different in what they allow for divorce term modifications. Check with your state or your divorce lawyer to ensure that your desired adjustments are abiding by law.
The divorce attorneys at Revelli & Luzzo are extremely familiar with divorce law in Massachusetts and would be happy to help you settle your divorce term adjustments. Contact us today.
