Sometimes, there are things you may not like that you want to change following a divorce. It’s normal to have a few issues you want to address with your ex-spouse, especially if you share a child together or have alimony or support payments.
Wondering if or how to get a post-judgment modification? Here are a few steps to help you understand the process.
Step 1: Determine if a post-judgment modification is right for your situation
Sometimes, it’s possible to work through a problem without having to approach the court. For instance, if there is a temporary need for a new custody arrangement, it might be something you can work out with your ex-spouse for a few weeks.
However, if there is something more serious, like questions about your child’s safety, then it is important to approach your attorney about a modification to your divorce judgment.
This isn’t just for child custody issues, either. If you discover that your ex-spouse lied during the divorce or is making more money than they reported, it would be possible to take that issue to court.
Step 2: Provide information on your request
You’ll want to gather evidence of your complaint. No court will issue any changes based on hearsay, so you should keep documents, photos and any other evidence you have of the other party’s actions that led to your request.
Step 3: File a motion to modify your divorce decree or judgment
When you bring the documents and information to your attorney, they can help you file a motion to modify your divorce decree. This motion lets the court know that you wish to change something about your divorce decree. If the reason appears valid, then the court may allow the motion to move forward.
Step 4: Await a court date or hearing if necessary
Not all divorce modifications require a hearing. In fact, many are settled without the need for trials or hearings. For instance, if you and your ex-spouse can sit down together and agree on the changes you want to make, then your attorneys can have you sign the orders and then present them to a judge for approval.
Changing something about your divorce decree is possible, but you need to make sure it’s the right choice for you. These steps give you an idea about how it works, but the only person who knows if a modification is a good choice for your situation are the people involved in it.