When your divorce decree is created, it may reflect the best interests of you, your spouse, and your children. However, as time goes on, your life and circumstances may change, meaning the terms and conditions of this agreement no longer reflect what’s best for you and your family. As such, you may wonder if it’s possible to modify a divorce decree. The following blog explores what you should know about these matters, including the importance of working with Tampa divorce lawyers to discuss your options during these difficult times.
Is It Possible to Modify a Divorce Decree?
First and foremost, it’s critical to understand that you can change the terms and conditions of a divorce decree after it has been finalized by the court. However, you should note that you cannot change the terms simply because you do not like or disagree with them. There must be a significant or substantial change in your circumstances to warrant alterations. You may petition the court to modify the circumstances surrounding alimony, child support, and child custody.
Common circumstances that can warrant a change to the divorce decree include, but are by no means limited to, the following:
- Change in income by either spouse
- Changes in the financial needs of their party
- Relocation of one parent
- Evidence of child abuse or neglect
- Evidence of substance abuse
You should also note that in some instances, if you and your ex-spouse both agree to the changes, the court will accept them since there is no need to dispute the proposed changes.
If you have reason to modify the terms and conditions of your divorce, one of the most important things you can do is gather evidence to help support your claim. For example, if you are paying alimony but discover that your spouse has cohabited with a new partner, this can warrant the termination of your spousal support order, but you’ll need to show that they are living together.
How Do I Start This Process?
If you have experienced a change in circumstances and need to modify the divorce decree enforced by the court, the first step you must take is to discuss these matters with your ex-spouse first. This can help avoid unnecessary legal battles if they agree with the changes. However, if they do not agree with the proposed changes, the first step will be to submit a petition to the court. By filing the petition, you become the plaintiff, and your ex-spouse becomes the defendant.
Once the document has been filed with the court, you’ll need to serve your spouse. This essentially informs them that you have filed a petition with the court to modify the terms and conditions of the divorce decree, as well as what the proposed changes are. They will also receive information about the next steps. Typically, this involves attempting mediation or appearing in court for a hearing.
If you’re interested in changing your divorce decree to better reflect your current circumstances, it’s imperative to understand your options. At Tampa Law Group, our firm can help guide you through this process. We understand that this can be a complicated matter, which is why we will do everything in our power to provide you with the best possible legal advice. Contact us today to learn how we can help you fight for the best possible outcome.
