When can I request a modification of my divorce agreement?

The legal process of divorce can seem complicated. In addition to dealing with issues like property ownership, the division of jointly-owned assets, and child custody, divorcing couples must contend with the emotional aspects of their marriage dissolution.

A divorce is a legally-binding agreement that will affect your life for years. What happens if you wish to modify the terms of the separation in the future? While it can be difficult to change some of the details of the arrangement, you can request a modification.

If you want to make a change, here is how and when to do so.

Reasons to request a divorce modification in Orlando, Florida

There are two reasons you might wish to modify your divorce agreement. The first is because you want the challenge the legality or fairness, and the second is because your circumstances changed.

If you wish to challenge the decisions made during divorce proceedings, you need to prove that the original document was unfair. Circumstances that courts may consider include:

• One of the parties mistakenly misrepresented important facts that affected negotiations or a court decision.
• One of the parties purposely hid information. For example, one spouse hid details about their assets or suppressed a legal document.
• One party threatened, bribed, or otherwise coerced the other.
• The courts made a legal mistake or misinterpreted information, evidence, or the divorce laws in Orlando, Florida.

In such instances, the burden of proof is on the challenger. You must prove that one of these circumstances occurred during the divorce process.

You can make such challenges at any time. However, state laws usually require a waiting period after the divorce before any additional legal action.

Changes in circumstances leading to divorce agreement modification

It is also possible to change a divorce agreement when new circumstances arise in your life.

A court will typically only consider making amendments if your new financial or living situation changes significantly. For example, getting an annual raise or promotion is not grounds for a modification unless it involves moving to a new city or a dramatic salary increase.

Here are the times when life changes can necessitate a divorce modification. In some cases, financial changes can either increase or decrease the amount of support one party provides to the other.

• If someone loses a job or is unable to work because of illness or incapacitation, they may petition the court to lower their alimony payments. This type of request may also be possible if you keep your job but experience a significant pay cut.
• if one party gets a raise or promotion and their earnings increase, they may not need the same level of alimony. The other party can request a reduction in their payments.
• A new marriage or support from a new partner can also lead to an amendment in a divorce agreement. However, some divorce contracts will include a clause that ends alimony requirements when the party receiving the benefits remarries.
• New children or dependents can lead to alterations in the divorce agreement.
• A location change can have an impact on different aspects of support required by the divorce agreement. This area typically involves child custody or visitation arrangements. However, it could also change alimony or child support needs and affect any jointly owned assets.
• Health changes are a common reason for divorce amendments. For example, a chronic condition, illness, or accident could necessitate a change in alimony payments, child custody alterations, and or other types of support. These circumstances could involve either mental or physical health issues. Medical problems of a shared child could also lead to divorce agreement modifications.
• Changes in benefits can also affect marriage dissolution agreements. For example, if one party starts receiving health insurance or retirement benefits from their employer, they may not need these things from their former partner anymore.

Other events, such as retirement, can also affect a divorce arrangement.

How to request a modification

The process of divorce modification involves filing a motion to modify a divorce agreement. In most places, you submit this written request to the court where your original marriage dissolution is filed. Your state will have specific documents to fill out and submit to start the process.

You will need to provide an argument for why the changes are necessary, and you may need to offer supporting evidence for the judge to review.

There are two different possibilities for modification:

• If you and your former spouse agree to the change, you can attach your notarized agreement to the petition. In many states, the court will make changes to a divorce agreement immediately if both parties agree, though a judge may call a hearing in some cases, such as changes to child custody.
• If one party does not agree to the requested changes, the other will file the modification request with the court and serve notice of the filing to the other party. The court will schedule a hearing before a judge where both sides can argue their cases.

In both cases, it is a good idea to consult an attorney. Even if both parties agree to the change, there could be state laws or provisions that would make the amendment invalid. An attorney can help you spot these issues and craft a modification that avoids potential problems and meets the burden of proof necessary for such changes.

If the former spouse does not agree with the amendment request, you will need to argue your case in court. An attorney is necessary for this type of hearing, especially if the other party employs one to argue their case. If you request the modification, the burden of proving it is necessary falls on you. An attorney can help you craft your argument or advise you on how to proceed with the case. They may be able to negotiate with the other party before a hearing to come to a compromise without going before a judge.

If you would like to make a divorce modification, contact our law firm to get advice on how to proceed.