Can You Go Back to Court After a Divorce Is Final
Afterward y'all receive your final divorce guild, there are however a few problems which would cause your ex-spouse to have yous dorsum to court. While about provisions in the divorce decree are terminal, circumstances can certainly change months or even years down the line. While courts won't more often than not entertain a request to modify property division, they routinely grant requests to alter alimony, child support, and child custody.
Changing a Divorce Order
Afterward divorce, you might detect yourself in a position heading back to court at the request of your sometime spouse. They might want to attempt to accept certain provisions of the prescript modified, and while this might seem unusual, information technology happens frequently.
If yous and your sometime spouse agree on modification terms, y'all can handle the modification on your ain by memorializing it into the divorce order, and signing off on the changes. Only if you both concur, information technology is crucial to ensure that these terms are in writing to protect yourself from hereafter litigation. This also serves to save you both time in front end of a judge and coin spent on attorneys.
But it isn't always that elementary. Sometimes, judges and attorneys do get involved. When that happens, there are several steps that take place.
i. A motion for modification is filed.
If y'all and your former spouse can't agree on the terms to change, and then yous'll file a motility for modification. After the motion is filed, it will need to be mailed to the other spouse.
2. You respond to the motion.
After you accept reviewed what your former spouse wrote in the motion, you respond in your ain words. You lot must human activity quickly, however, equally there is a short time menstruation in which y'all must file your response with the clerk.
3. The court will review the move and your response.
The courtroom is looking for a substantial change in circumstances. This ways that if your former spouse was required to pay kid back up but recently lost their task, the court might grant them a temporary suspension or reduction in kid back up payments.
4. The judge may request a hearing.
During this hearing, the estimate will speak with both you and your one-time spouse to understand the substantial change in circumstances. If the estimate agrees there is a substantial change in circumstances that warrants a alter in the original divorce order, the judge will grant the asking.
5. You may have to file a motility for enforcement.
If the judge agrees with you lot that at that place is not a substantial change in circumstances and does not grant your sometime spouse's motility to modify, information technology'due south possible that your former spouse will brand the change anyway. In this instance, y'all will need to file a move to enforce the original divorce order to ensure your former spouse continues to adhere to its terms.
Whether your former spouse is trying to change their child back up payments, pension payments, or custody terms, they can bring you back to courtroom to try to change the divorce order. Brand sure you have the advisable documentation in order and are prepared to provide the estimate sufficient evidence. The more prepared y'all are, the less surprised you'll exist once the judge makes a decision.
This portion of the site is for informational purposes only. The content is not legal advice. The statements and opinions are the expression of author, non LegalZoom, and accept not been evaluated by LegalZoom for accuracy, completeness, or changes in the law.
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