Will the Court Allow you to Modify Divorce Term?
Posted on Nov 7, 2012 1:23pm PST
When a divorce is decided upon, it must go through the court to either review and approve the decisions of the couple, or to form its own decision on the final terms. This can be in regards to a number of aspects, including child custody or financial matters. Many important matters are decided upon which is why it can be critical to ensure the outcome is favorable. For many, at the time of the divorce they may not have received the results they wanted or their situation has now changed and the original terms are no longer suited.
This is not the end of the road and there are still steps that can be taken. A modification is essentially a petition to the court. It is an attempt to have them review and change their decision in regards to areas such as child support, spousal support, visitation or child custody. What they will mainly be looking for is whether or not they find there was a significant enough change for them to make the adjustment. Since the terms are set when the divorce occurs, the courts do understand that over the years the situation can change and may no longer fit the needs.
Changes that may be significant enough can include the loss of a job so that a person is no longer able to make payments. Payments can also be increased in cases when there may be a need for further monetary assistance, such as when the needs of a child increase. A couple may be able to agree on the modification and this can increase the likelihood of the court approving it. Even if both parties are unable to agree on the terms, either can still pursue the change. Learn more by speaking with a representative from Brevik Law.