Can I go back and modify my divorce decree by agreement? In most cases, it is possible to go back and modify a divorce decree by agreement of both parties. This is typically done through the process of post-divorce modification.
Post-divorce modification is a legal process that allows a party to ask the court to modify the terms of a divorce decree after the divorce has been finalized. This can include modifications to issues such as child custody, child support, alimony, or property division.
To modify a divorce decree by agreement, both parties must agree to the proposed changes and submit a written agreement to the court outlining the proposed modifications. The court will review the agreement to ensure that it is fair and reasonable and, if approved, will issue an amended divorce decree incorporating the agreed-upon changes.
It is important to note that not all aspects of a divorce decree can be modified. For example, the division of property may not be modified once the divorce has been finalized, unless there are exceptional circumstances that justify a change.
If the parties are unable to reach an agreement on the proposed modifications, either party may retain a local divorce lawyer in Bessemer, or wherever they live, to file a motion with the court requesting that the divorce decree be modified. The court will then consider the motion and may hold a hearing to determine whether the requested modification is justified.
In determining whether to grant a modification, the court will consider the best interests of any children involved and may consider factors such as the parties’ financial circumstances, their ability to support themselves, and any changes in their circumstances since the original divorce decree was entered.
It is recommended that parties seeking to modify a divorce decree consult with an experienced divorce attorney in Birmingham to ensure that their rights and interests are protected throughout the process.
Attorney Steven A. Harris regularly blogs in the areas of family law, bankruptcy, probate, and real estate closings on this website. Mr. Harris tries to provide informative information to the public in easily digestible formats. Hopefully you enjoyed this article and feel free to supply feedback. We appreciate our readers & love to hear from you!