Changing the terms of any legally binding agreement, such as a divorce decree, is an unusual and complex legal procedure. Both parties must agree that the circumstances surrounding the contract have changed and should be renewed. For divorce decrees, there are a few things that can be modified after the finalization of the decree. Some aspects, such as division of assets or properties, cannot be changed. However, provisions of the divorce decree surrounding the children of the spouses, such as child custody, support, or upbringing can be altered as the court sees fit.
At Kirker Davis LLP, we understand that a lot of things can change from the time of the divorce to the present. It is only fair to see the conditions of the divorce decree change as each former spouse does. Our attorneys strive to find an equitable way to divide all assets, properties, and child custody before and after the finalization of the divorce proceedings. Contact our offices at (512) 598-0010, to learn more about how you can change the terms of your divorce.
Before any terms of the divorce can be modified, circumstances such as salaries, financials, or work burdens must have substantially changed for one or both spouses. Many cases of divorce decree modification see spouses amicably agreeing that the divorce decree has become unfair to a party, and many work out a new agreement together. However, even if it was arranged by both parents, their agreement must still be officially filed and approved by the courts before any changes occur. For spouses who do not agree on the modification of the divorce decree, a motion can be filed with the court for a change of terms, so long as the other party was given express notice. A judge can then determine how to conduct an equitable modification or if modification is even necessary. Some of the most common circumstances that justify a divorce decree modification include:
These are a few circumstances that can lead to a modification of divorce decree. Decrees can be changed for countless reasons to accommodate a spouse. At the end of the day, any modification is designed to create a more equitable arrangement for both spouses.
If you or someone you know is looking to modify the terms of your divorce decree, it is imperative to find a qualified divorce attorney that can get you the modifications you need. At Kirker Davis LLP, we believe that no divorce decree should be unfair to any party. We are dedicated to finding the balance that allows both the adults and the children to benefit the most, even if that means altering the original terms of the divorce. Contact our offices at (512) 598-0010 to speak with a member of our legal team.