Miami Divorce Modification Lawyers

Answer: In Florida, a modification can be requested based on a substantial and continuous change in circumstances. Common grounds for modifications include job loss, significant income changes, plans to relocate, changes in the needs of the child, or changes in the financial circumstances of either party.

Answer: To initiate a divorce modification, you will need to submit a petition to your local circuit court. In your petition, you will detail the specific changes you are requesting and the reasons you believe modifications are necessary. Our lawyers can ensure that your petition meets all legal requirements and includes persuasive arguments detailing why your requested modifications are necessary.

Answer: Generally, there is no statutory waiting period in Florida. you can file a modification request at any time after completing your divorce. However, you will need to show that a substantial change of some kind has occurred since the divorce decree was issued that has made your requested modification necessary.

Answer: You will need to provide evidence that supports your claim of changed circumstances. Evidence of changes in circumstances that may allow for modifications to financial support may include employment records or other financial information. If you are requesting changes to child custody or child support, evidence may include documentation relating to changes in your child's needs, such as health issues or education costs.

Answer: Yes, you can request modifications for both child support and alimony in the same petition. For example, if you currently pay child support and spousal support, but you will have trouble meeting these obligations because you have lost your job, you may file a modification request asking to temporarily reduce the amount you will be required to pay. You will need to provide adequate evidence detailing the reasons for your modification request.

Answer: The court will evaluate the evidence presented regarding the changes in circumstances that have led to a modification request. The best interests of the child will be the primary factor for child custody and child support modifications. Fairness and financial needs will also be taken into account when making decisions about alimony adjustments or other types of modifications.

Answer: If your ex-spouse disputes your modification request, they have the right to respond to your petition. The court will schedule a hearing, and both parties will be able to present their cases. A judge will ultimately make the final decision based on the arguments and evidence presented by both sides.

Answer: Yes, you can represent yourself. However, this is not recommended. Legal issues related to divorce and family law can be extremely complex, and by working with an attorney who has experience in courtroom procedures you will be able to navigate the legal system effectively. A person who represents themselves will be at a tremendous disadvantage by not hiring an attorney to advocate for their interests.

Answer: The timeline for processing a modification can vary. If uncontested, a request may be resolved within a few weeks or months. If it is contested, the process can take significantly longer due to hearings, potential appeals, and other complications.

Answer: If your modification request is granted, the court will issue a new court order overriding the previous divorce decree. The modifications will take effect immediately. In some cases, modifications to financial support may be retroactive, and a person may receive credit for any payments made while waiting for a decision on their modification request. Once a court order has been issued, both parties will be required to comply with it, and failure to do so can lead to negative legal consequences.

Answer: Yes, there are typically filing fees that will be required when submitting a modification petition, although the specific amounts can vary by county. Your attorney can advise you on what fees will be required and any other costs that may be associated with requesting a modification or responding to a modification request.