Legally ending a marriage can be a very complex process and couples will have to negotiate and compromise on many issues while going through the divorce. Once the divorce process is finally complete many couples are looking to the future and to move forward with their lives. However, some individuals may experience life changes that might affect the terms of their divorce decree or they might unearth issues that were not handled correctly during the divorce process. In certain cases it might be appropriate to petition for a modification to the divorce decree. Certain requirements must be met for any modifications to be made to the divorce decree. Courts usually will not consider a modification unless there are significant changes that are lasting and impactful to one or both parties of the divorce decree. Some examples where you may qualify for a post divorce modification include:
- Change in employment, such as loss of a job
- Change in income
- Birth of a new child or gaining a dependent
- Change in physical/mental health or disability
- Retirement
- Relocation of a parent or child
- Change in your shared child’s circumstances or needs
- Remarriage
Another reason to seek a modification of the divorce decree is in the situation of one party being arrested or convicted of a crime. A criminal conviction will often significantly impact a person’s employment and living situations. It can also impact a person’s ability to comply with court orders involving the divorce. Even if you did a quick no fault divorce in Alabama, it can still be difficult to modify your decree without reaching an agreement with your ex-spouse. In any of these cases, it’s important to reach out to an attorney as quickly as possible in order to make sure all issues are handled appropriately with the court.
Most of the time, decisions regarding property division cannot be modified once a final judgment or divorce decree is issued. Usually an individual cannot request modifications to the divorce decree in terms of how assets were allocated. It’s a different matter if a spouse failed to disclose certain assets during the divorce process or tried to hide assets. Then the individual may ask the court to address these issues to ensure fairness and equitability. If property-related decisions were found to have been made in error such as being valued incorrectly during the divorce process, then an ex-spouse may be able to pursue an appeal.
Whether you are fortunate to both mutually agree to modification of the divorce decree or you wish to petition the court due to substantial and material changes in circumstances to your divorce, it is important to enlist the support of experienced and proven divorce attorneys. The right attorney with proven experience can ensure you take all the proper steps required in order to protect your interests, needs and to solidify a workable long-term plan.
