Divorce settlements aren’t always permanent. You might need to return to court post divorce for a variety of reasons. But keep in mind that you may only return to court for a divorce modification if you or your ex-spouse have a change of circumstances to warrant further legal proceedings. If you move to a different area, or if your job changes, these are valid reasons to contact your attorney to discuss modifying the original agreement. These are only a few of the possible life changes you or your ex might have that a court would consider acceptable reasons for modifying the original agreement.
Possible changes to the divorce agreement
Only certain aspects of the original agreement can be changed. Provisions that can be modified are known as “merging provisions.” Provisions that are not modifiable are known as “surviving provisions.” An example of a surviving provision would be a prior agreement on how the property would be divided. If, however, you and your former spouse didn’t have a Separation Agreement, and the court was forced to make a judgement, then the distinctions outlined above don’t really matter. The only exception to this would be the court’s decision regarding property division.
Talk to your attorney
It’s important to sit down and have a conversation with your attorney. Your lawyer will be able to inform you of your chances of succeeding with any modification and what may or may not be able to change regarding the Separation Agreement. Don’t be fooled — this process can be just as complex and arduous as the first time around. You’ll need a legal expert to help you navigate the post divorce modification process. If you have questions or may be considering a modification to your divorce terms, please call our office to schedule a consultation.