Many people who go through divorce understand how drastically things can change. Although you and your spouse may have been happily married at one point, circumstances or feelings can change, which leads to divorce. What many people do not know is that it is okay for your circumstances to change following a divorce as well.
The post-divorce modification process allows you to update your divorce agreement after it has been finalized. By going through the court system to modify your agreement, you ensure that the changes are legally binding and enforceable.
With the help of an Irvine family law attorney, you can update your divorce agreement to best reflect your changing life and situation.
For many years, our firm has been providing post-divorce modification advice to the families of Irvine, CA and the surrounding areas. We understand how swiftly circumstances can change and how intimidating it can be to modify your divorce agreement. After all, you likely felt a great sense of relief when you finalized your divorce. Making changes can feel counterintuitive, even when the circumstances call for it. However, modifying your divorce agreement can bring you peace of mind, knowing that it now reflects the current reality of your situation.
We are always focused on our clients, and we are here to support you throughout the modification legal process. Our firm was built on compassion and commitment to excellence, which has allowed us to serve hundreds of families during our time in business. We are always compassionate about your situation, and we extend that empathy to each of our clients. However, we can be ruthless in our quest for fairness and justice in your situation.
During the Irvine, CA divorce process, you and your spouse must make some key decisions about shared belongings, children, finances, and more. A post-divorce modification is a method of making changes to these agreements after your divorce has been finalized. There are many different areas that can benefit from a post-divorce modification.
As children grow, their needs evolve, as does each parent’s capacity to care for them. For example, the care requirements for a 9-year-old will be much different than the care needs of a 16-year-old who has a license of their own. If you and your ex-spouse created a child custody agreement that no longer reflects your child’s age, needs, and schedule, you can request a modification through the court that better suits everyone’s needs.
Similarly, if you and your spouse created a child support agreement during your divorce proceedings, it is possible that your needs will change in the years following the agreement. If one of the parent’s financial situations has changed, it may be time for a child support agreement modification.
Spousal support, or alimony, is appropriate in some divorce cases. However, after time has passed, it is possible for the financial situation of either the paying spouse or the receiving spouse to change. If this happens, spousal support may no longer be necessary, or the amount may be different than when the agreement was made. A modification can adjust this to ensure that the document is fair.
It is imperative that you make any modifications to your divorce terms through the court and with the help of an experienced family law attorney. Because divorce agreements are legally binding, any changes must be legally binding as well. If you attempt to make changes outside of the court system, there will be no legal way for the court to enforce them if something goes wrong.
A: Yes. A divorce decree is the culmination of all agreements that you created during your divorce, such as child support, child custody, spousal support, asset division, and more. If one of these areas needs to be updated, you can modify your divorce decree through the court to make the changes official and enforceable. All modifications should be done through the court system with the help of a legal representative.
A: In some situations, you can amend your divorce decree by appealing the court’s decision. However, in most instances, a modification is appropriate to make the necessary changes. The modification process allows the court to review your situation and decide based on the needs of those involved. There are specific standards that accompany divorce decrees, and the modification process ensures that any changes still follow the law.
A: There is no statute of limitations on finalizing a divorce once you begin the process. However, there is a three-year statute of limitations if you want to contest the asset division terms that have been laid out. This is why modifications are often the best choice if you want to make changes to your divorce decree or any family law agreement that is in place. Although the statute of limitations may have passed, modifications can be made at any time.
A: Yes. If you believe that the terms of your divorce are unfair in some way, you can attempt to appeal the divorce decree. If you wish to be successful in your appeal, you must have a qualified family law attorney help you create your case. Appeals are difficult and require a very specific process. Without the help of an attorney, you are unlikely to successfully appeal a court decision.
If you believe that a post-divorce modification may be appropriate in your situation, you need an attorney to represent you. Our team at Quinn & Dworakowski, LLP, has been successfully modifying divorce agreements for many years, and we have the resources and expertise to create a strong, compelling argument in your favor.
For more information about our firm’s services, our philosophy, or how we can help you, please contact Quinn & Dworakowski, LLP, online today.
"*" indicates required fields