How Soon Should I Modify My Divorce Judgment?
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Learn more about modifying divorce agreements.
Divorce is a messy and complicated process. When going through a divorce, you must consider your legal rights and responsibilities, the rights of your children, financial concerns, and the emotional impact of the divorce on your family. There are a lot of back-and-forths, you don’t always get what you want, and compromise is often the word of the game. So when it’s through, you just want to move on with your life. However, in some cases, this is not possible.
Circumstances arise that require you to reconsider your divorce agreement and contemplate modifying the conditions. However, because that can be a complicated procedure in Michigan, we’d like to provide some information about what’s involved in modifying a finalized divorce judgment and what it might mean for you.
Modifying A Divorce Judgment
You can amend the terms of your divorce judgment in two ways: file an appeal or request a modification.
A divorced spouse may be able to appeal their final divorce verdict under certain conditions. An appeal may be filed as a matter of right or with the court’s approval and must be filed within 21 days. To appeal a divorce judgment, a spouse must submit an appellate brief stating that the trial court implemented the law erroneously, leading to an invalid divorce judgment. Since this may be complicated, having an experienced family law attorney on your side is essential.
If you and your ex-spouse agree on the adjustments that must be made, you can collaborate to draft a modified agreement. This amended agreement, however, will not take effect immediately and must first be approved by the court. The proposed amendments will be considered by the court in determining whether or not to approve the proposal. If approved, the revisions will take effect immediately. Depending on the circumstances, the court may or may not order a hearing.
If you and your spouse cannot agree on the adjustments, the party seeking to revise the judgment must file a petition with the court. A hearing will be scheduled immediately after this petition is submitted.
During this hearing, the party who sought the modification must show evidence to the judge demonstrating that a significant change has happened warranting a judgment modification. If the court agrees that there has been a significant change in circumstances, the judgment will be revised and implemented immediately.
Common Divorce Judgment Modifications
A divorce agreement covers a variety of topics, some of which are modifiable and others are not. Changes to the following are among the most typical divorce judgment modifications:
- Child support
- Child custody
- Parenting time
- Spousal support
Child-related provisions in a divorce agreement, including custody, child support, and parenting time, are always modifiable as long as you can demonstrate a change in your situation warranting a revision. Significant changes in conditions may necessitate modifications. Examples of significant changes include:
- Unemployment
- Salary increase
- Salary decrease
- Changes in custody arrangements
- Concerns about the safety of the child
- Increases and decreases in child care costs
- Physical and mental well being of any parent
- Remarriage, in combination with other modifications
Both parties have the option of requesting a modification. For instance, the party paying alimony and child support may request that the court reduce their payments, while the party receiving support payments may request that the court raise their payments.
Hire an Experienced Michigan Family Law Attorney Today
Hiring an experienced family law attorney is the best approach to deal with a necessary modification to your divorce judgment. Our skilled family law attorneys at Goldman & Associates Law Firm assist you with every step of the divorce process, even making adjustments later on. Contact us or make an appointment for a complimentary consultation!