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Can the grounds for divorce be modified if I don’t agree with them?

June 28, 2018

In some instances, it is possible to modify the divorce documents if you don’t agree with the grounds that are set forth initially. You would need to talk to an attorney who specializes in family law and divorce in order to get the documents modified. Most attorneys and courts understand that emergencies arise and that things might happen in life that would result in changes that need to be made. As children get older and living expenses change, then the information in the divorce would need to be changed as well.

In most states, a child custody agreement and any spousal support agreements cannot be changed unless one party can show that a significant life event has occurred that would result in a change in the amount. You would need to provide proof that the event has taken place, such as losing your home or losing your job. This change needs to have occurred since the initial amount of the support order was put into effect. Since most family courts are already busy with child support hearings and spousal support hearings, those who are involved in making changes want to be able to justify making a change to the divorce. If there is now substantial proof or your attorney doesn’t think that the change is worthy, then you likely won’t be able to make a modification. You should talk to your attorney about the advantages as well as the disadvantages of making the changes. Sometimes, it’s best to try to ride out the circumstances instead of putting your children through the ordeal of modifications in child support and child custody or if the changes filed will only result in a minimal difference in the payments received.

There are a few common reasons as to why you might want to modify the grounds for divorce as well as the information that is in the divorce documents. Changes to the grounds for divorce often result if you state that any abuse or adultery didn’t occur after stating that it did. Changes in spousal or child support are also common reasons to modify the divorce along with the loss of a job or moving to another area that is outside of the area listed in the divorce documents. Most of the time, those who seek to make changes to the divorce are trying to find a way to decrease the amount of money that they have to pay, which is something that you need to keep in mind if your spouse wants to make changes. If you are the one who is trying to make changes, then it could be because you want or need more money from the spousal or child support agreement. If you have lost your job or there has been a decrease in the number of hours you work, then this would be grounds for modifying the divorce. Most of the time, changes like this are clear-cut and can be quickly presented to a judge. This means that it shouldn’t take much time to make the changes to the divorce agreement. However, if the other party doesn’t agree, then you might have to provide further documentation or go in front of the judge with your attorney to get the modification pushed through.

In many situations, child support is the payment that is often changed more than spousal support because the children in the relationship have to be cared for no matter what. Spousal support is sometimes the payment that is dropped the easiest if there is proof that circumstances have changed and the other party can no longer make the payment. If your child has experienced a medical emergency or there are other medical issues that have occurred since the divorce was filed, then it could be grounds for modifying the agreement. You would need to provide proof of the medical bills as well as any long-term treatments and medications that you or your child would need. You can usually file for a change if living and transportation expenses are higher after moving to another town. However, you would need to demonstrate that the move was necessary. If you are only moving because you no longer want to be in the same town or if you are moving to a location to be near someone you’re involved in a new relationship with, then you might not be able to make changes to the divorce. Custody is another change that can be made. You could request more time with your children or make changes so that both parents spend equal amounts of time with children involved in the relationship.

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