Post-Divorce Modifications
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When a couple’s divorce is finalized, both parties receive a court document known as a “judgment of divorce” that states the provisions of the divorce. While a judgment is enforceable by law and must be followed by both parties, it is by no means absolute and can be changed given the right circumstances. As children grow older and jobs change, a judgment may need to be modified in order to accommodate for such changes. If you are in need of a post-divorce modification, attorneys at Foster Swift have the experience to walk you step-by-step through the associated legal processes and advocate for a favorable result on your behalf.
Having helped countless clients with various family law matters including modifications, experienced attorneys at Foster Swift are prepared to protect your rights and maximize your chances of securing the results you need. With one-on-one, personalized advocacy and an uncompromising dedication to ensuring your well-being, our firm can help you achieve a cost-effective and swift resolution for your situation
Contact us at (248) 785-4716 to get started.
Types of Modifications
Several aspects of a divorce judgment can be changed after the fact, given the right circumstances. In order to pursue a modification, one or both parties must petition to the court and convince the judge to change the divorce judgment. A petition for modification can be initiated by either party, or can be filed jointly if both spouses are in agreement on the proposed changes.
The following provisions of a divorce judgment may be modified upon request of either party:
- Child custody
- Child support
- Spousal support
- Parenting time
In circumstances where the parties are not in agreement, the petitioning party must be able to prove that a qualifying change in circumstances warrants the modification. Valid reasons for modifications can include loss of employment, substantial increase or decrease in income of either spouse, or the relocation of a spouse. However, absent demonstrable fraud, property settlements may typically only be amended with the agreement of both spouses.
Schedule a Consultation Today
If you are in need of a modification of any type, or are looking to defend against a proposed modification, Foster Swift is a full service law firm that can represent your interests and fight to secure a desirable outcome on your behalf. No matter the circumstances surrounding your particular situation, we are committed to handling your case with the utmost professionalism and confidentiality. We can answer any questions you may have and help you through the process of either petitioning the Court or negotiating with your former spouse.
Categories: Custody, Divorce, Post Judgement
Andrea offers more than a decade of courtroom experience in civil, criminal, family law and juvenile matters. Drawn to the particular needs of clients in family law, Andrea has dedicated her time to serving those navigating the sometimes complex arena of the family court system.
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