There may be multiple issues that divorcing spouses need a judge to decide at the end of a marriage. Frequently, they may require a judge’s assistance to resolve disagreements about custody matters. People also rely on judges to decide matters of property division. In some cases, judges may have the final say on financial support matters as well.
It is relatively common for people to feel dissatisfied with the terms set in their divorces. In some situations, they may even want to go back to court to modify a final decree.
Property division decrees
Generally speaking, property division decrees are final. There are occasional exceptions for scenarios involving significant misconduct. For example, if one spouse hid assets and lied to the courts about their property, a discovery of undisclosed resources might warrant reviewing the property division decree. In most cases, those unsatisfied with a property division order have to learn to accept it because the courts are unlikely to review or modify it.
Custody decrees
The custody order allocating parental rights and responsibilities is eligible for modification in a variety of situations. If both parents agree that specific changes are necessary, they can potentially request an uncontested modification from the courts at any point. If one parent wants a change that the other does not, a contested modification might be possible. An individual must generally show that a change of condition has occurred since entry of the previous court order, such “change” materially affecting the best interests and welfare of the child. In emergency situations, judges may intervene to protect children from neglect or abuse that occurs in the current custody arrangement.
Support decrees
Generally speaking, support decrees look at a variety of factors including the ability of one’s house to pay and the needs of the other. Child support modifications are sometimes possible when there has been a shift in parenting arrangements or a major change in economic circumstances. Alimony decrees are subject to modification in scenarios where one spouse has a major change in finances or the recipient remarries. However, the courts can potentially impose an alimony order that is non-modifiable in some cases.
Those wondering if they can pursue a post-decree modification may need to talk about their desires and review the divorce decrees initially handed down by the courts with a skilled legal team. Pursuing a modification can be a worthwhile endeavor in some cases wherein original court orders do not properly reflect family circumstances.
