Divorce Modifications

Your divorce decree is not written in stone. It can be modified if it is unsuitable due to changes in your life or because it was improper from the start. Divorce modifications in Alabama require petitioning the court where your divorce was granted and a judge’s approval.

CAN A DIVORCE SETTLEMENT BE CHANGED IN ALABAMA?

The Huntsville divorce modification attorneys at New Beginnings Family Law have extensive experience helping clients obtain orders that modify their divorce agreements. Typically, changes in divorce agreements are made to terms affecting child support or alimony payments (spousal support / maintenance) and other issues pertaining to children as they grow older. Whether our firm originally handled your divorce or not, you can count on our skilled attorneys to review your goals, develop a thoughtful legal strategy, and provide the compassionate support you need.

If your ex-spouse opposes your requested divorce settlement modification, we will work diligently to develop a solid and persuasive case to present to the judge on your behalf.

Schedule a consultation to discuss your divorce settlement modification today. Call (256) 824-9627 or complete our online form to get started.

Modifying a Divorce Settlement in Huntsville, Alabama

Your divorce decree is a legally binding contract. If circumstances in your life change, affecting your divorce agreement, you should seek to have this contract modified. You may petition to modify or appeal your divorce settlement at any time, but you must convince a judge that the change is good for all parties involved — particularly children.

The difficulty of divorce modifications in Alabama depends on the circumstances:

• If you both agree to the modification, you will sign and file an Amended Settlement Agreement, which a judge may agree to and sign without a hearing. If the requested modification is extensive or complex, or it is unclear why it is appropriate, the judge may hold a hearing.
• If only one former spouse seeks modification, he or she files a Petition to Modify the Decree. Both parties must then attend a hearing at which the petitioner (plaintiff) will state his or her case and the other spouse may rebut the argument. The judge will consider the arguments and approve or deny the petition.

In most cases, a request to change a divorce agreement will go before the judge who handled the divorce initially. If the divorce was uncontested, and the request is a reasonable change to an agreement the divorcing couple worked out on their own, the judge is likely to approve it easily. However, if the judge drew up the settlement agreement in a contested divorce, you will need to present a compelling reason for the judge to change his or her mind about what is appropriate in your case.

Modifying the contract that sets the terms of your divorce is a significant legal matter, no matter how simple or obvious your request. Before moving forward, you should seek sound advice and wise counsel from our experienced Alabama divorce modification attorneys. Schedule a consultation now to discuss your options.

Avoid Informal Agreements in Place of Divorce Modifications

Many former spouses who get along well work out informal agreements to change the rules of their divorce as needed. For example, former spouses may make adjustments to property division, child support payments or child custody plans to meet their needs at the time. However, informal agreements such as these can be dangerous. If someone changes his or her mind, there is nothing to stop one spouse from going back on such an agreement and causing serious headache for the other.

At New Beginnings Family Law, we suggest always staying within the bounds of your divorce settlement as approved by the courts. Your divorce decree will plainly outline what’s required of each party and what’s prohibited. If you have questions, your divorce attorneys can answer them based on documented fact, not conversations between divorced spouses.

If you are considering a divorce modification of any kind ─ whether it’s a change in child support, alimony, or child custody ─ you need to speak with a qualified family law attorney about the best way to move forward. Don’t risk hurting yourself by bending the rules without thinking about the legal ramifications down the line.

Common Reasons for Divorce Modifications in Huntsville, Alabama

There are many reasons people may want to re-evaluate their divorce agreement and seek a modification. Circumstances that may lead to a modification include:

• A change in one parent’s income or financial situation
• A change in the expected costs of caring for a child, such as due to a health condition
• Natural changes that come with a child getting older
• Relocation of a parent, especially out of state
• One parent remarries (changing the need for alimony)
• Dangerous conditions such as parental drug use or violence, resulting in child living with Grandparents

CONTACT DIVORCE MODIFICATION ATTORNEYS IN HUNTSVILLE TODAY!

If you are experiencing a change in circumstances that you feel warrants a modification to your divorce decree, contact us today to review your case. We will explain the divorce modification process in Alabama to you, so you feel confident in making a decision on how you want to move forward.