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Causes for a post-divorce modification

A divorce becoming final is a moment that often brings relief, as it is the end of a long and sometimes complicated process. Many former spouses are happy to have legal and custodial concerns finally resolved. However, sometimes well-made arrangements require a change.

There are several possible reasons for former spouses to apply for a post-divorce modification. Maintenance and child support arrangements may be dependent on income, and a renegotiation may be necessary if someone loses a job or experiences another life-altering event.

Visitation and custody arrangements may also change based on a spouse's ability to safely see and care for children. A spouse may move out of the area, requiring the other to take sole custody. Criminal charges and other official proceedings may also change a person's ability to take custody of or care for a child.

If a judicial decision regarding the divorce is being challenged, either spouse can advance a case to an appellate court. Most changes, especially if they are agree upon by both spouses, can be requested in an application to the court seeking to modify the divorce decree or judgment, usually filed in the same court that processed the original divorce.

A legal representative can help with the specific document and deadline requirements for a post-divorce modification.

Source: FindLaw, "Appeals and Motions to Modify the Divorce Judgment," accessed July 28, 2017

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