The chances are good that, for the most part, the terms of your divorce decree were functional at the time they were made. Often, parties spend months negotiating the finer points of these details. Issues like parental timesharing and child support can take time to resolve, and the resulting order might be adequate permanently.
However, significant changes in the lives of you, your former spouse, or your child(ren) could render a court order outdated or problematic. You have the chance to alter the terms of the order with the help of an experienced family attorney. Reach out to a Little Gables post-judgment modification lawyer today to discuss your options.
The Court Has the Power to Modify Most Orders
An order entered by a court is considered “final,” meaning that it remains in effect indefinitely. That said, judges have the power to alter the terms of previous orders or to set them aside entirely. This is frequently necessary in the aftermath of divorce cases.
The vast majority of orders issued by a court can be altered. This includes parenting time, child support, alimony, and other obligations or rights that extend after the end of a marriage. Yet, there are some exceptions. A judge will generally be unable to modify the terms of a property division order after a divorce is finalized. The only occasion where this is possible is if one party can offer evidence that the other spouse relied on fraud to get an unfair property split.
Modification is typically available when there is proof of a substantial change in circumstances in the life of either party. Some examples include:
- Job Loss;
- Remarriage;
- Major changes in health;
- Scheduling issues;
- Catastrophic accidents.
A Little Gables post-judgment modification attorney can help negotiate a readjustment after any of these major changes occur.
Ways to Modify a Divorce Order
While changes are possible for most orders issued by a divorce court, the path to securing this outcome can vary dramatically. There are times when this process can be fairly simple, but others that might lead to litigation.
The easiest way to resolve these issues is by negotiating new terms with the other party. It is not uncommon for both former spouses to acknowledge that the current arrangement needs to change. If they can agree that issues like spousal support or parenting time are no longer working, a joint motion to modify is likely to be granted.
Submitting a Petition
Things become more complicated when only one side wants to alter the terms of the court order. In that scenario, they will need to submit a petition to the court requesting a specific change.
This legal filing needs to spell out the change in circumstances that makes modification necessary. The non-filing party has the chance to respond and potentially rebut any of the reasons used to request the alteration of a court order.
Once the court reaches a final decision, it will issue an order either denying the petition or altering the terms of the original decree. In the future, the court might consider another change regarding the same issue if it becomes necessary. A Little Gables attorney knows how to assist with modification of a prior divorce order.
Contact a Little Gables Post-Judgment Modification Attorney Today
If you believe it is necessary to alter the terms of your divorce decree, you will want to do so with the right attorney by your side. A Little Gables post-judgment modification lawyer can review your petition and determine if the evidence in favor of modification is strong. Reach out to The Florida Probate & Family Law Firm today to get started with a free case evaluation.