Post-Decree Divorce Modifications – What Is The Process?

Divorce attorneys strive to help their clients come to agreeable compromises in terms of dividing their lives and creating a decree that will work for them afterward when children are involved.

Yet change is inevitable and when divorced couples start running into challenges with their decree, it might be time to reach out to a divorce law firm once again to discuss modifications.

Following the process noted below, clients can work with their divorce lawyers to decide whether official modifications are necessary, then get them legally completed if they are.

Is An Official Modification to the Divorce Decree Necessary?

The first question that divorce attorneys recommend contemplating is whether an official modification is necessary or if two co-parents can come up with an unofficial agreement.

Unofficial modifications between co-parents are usually preferable, as it gives ex-spouses the leeway to adjust when needed as times change.

Success with this method does require compromise and a willingness to work together and divorce lawyers find that when that happens, co-parents are the ones most able to decide on what is necessary to keep up with changing lives.

Alternately, if co-parents are not able to come to agreements easily, a spouse refuses to flex, or the changes sought are significant to the ability to adhere to the divorce decree, involving a divorce law firm may be necessary.

Through consultation, lawyers can help clients determine whether there are grounds for modification, then help them start the modification process.

Modifications Made Through Mediation

Divorce attorneys suggest that co-parents who need a bit of help negotiating start off with mediation, especially if mediation worked well for them in the past.

Using mediation, co-parents and their legal representatives will discuss the requested modifications, decide on whether the court is likely to grant them, and then negotiate to come up with a workable agreement.

At that point, the petition for modification can be filed with the court and approval sought without an in-court hearing required.

Modifications Made Through the Family Court

Some modifications should be made through the court, such as significant requests seeking to modify custody arrangements or any time a co-spouse refuses to negotiate on other valid requests.

Divorce lawyers will then instruct clients to file the paperwork to request an official modification, after which a hearing in the family court will take place.

Court modification hearings will require divorce law firm clients to show evidence of their need or reason for contesting a modification request, so the time prior to the hearing should be spent preparing all pertinent information.

Contact A Divorce Law Firm for Help Modifying a Divorce Decree

The family court recognizes that there are times when a post-degree modification might be necessary.

Ideally, the best solution is for co-parents to work together on unofficial modifications or work with their divorce attorneys to prepare for filing an official one.

In the latter case, divorce lawyers recommend mediation when possible and filing for a court hearing if not.

For any type of official post-decree modification, ex-spouses should work with a divorce law firm through the negotiations and court process to ensure the negotiations are fair and their needs are as closely met as possible!