Miami Divorce Modification Lawyer
Getting divorced does not always end after a decree is issued. Both parties need to adhere to the resolution of the case. That covers child custody, child support, distribution of assets, and related matters.
However, you might be undergoing significant life changes, therefore making it challenging to comply with these orders. In such situations, you can file for a post-judgment modification.
What Is Post-Judgement Modification in Florida?
A post-judgment modification is a legal recourse that divorced couples have when there is a need to change the terms of their resolution. Either party can file it for various reasons.
If you need to file a petition for modification, you have to show the cause of why it is necessary. After collecting evidence, you must present your case to modify the decree.
This is when you need a divorce lawyer who can guide you through the process and provide advice based on your goals. Contact us for a consultation if you need to file for a modification.
How to Modify a Divorce Decree
A party can petition the court for modification when the divorce agreement’s terms need updating to accommodate the family’s current needs. Before going to court, it is recommended that the resolution and change be discussed by the divorced couple first. Similar to the initial divorce process, it is best to mutually agree on the changes instead of engaging in litigation.
If you and your ex can agree, you will have to sign a new document detailing the change and have it notarized before submitting it to the court. It will undergo review, and the court will issue a new decree afterward.
But if your ex disagrees with the modification, the recourse is to ask the court to reopen the divorce proceeding. You will need to present all evidence and information as to why the court needs to change the decree. The decision will ultimately be in the hands of a judge.
Common Reasons to Modify a Divorce Decree in Miami, FL
For a court to modify the divorce decree, you must be able to show cause and explain why such a change is needed. A divorce decree can only be modified under specific, necessary circumstances, such as:
- You have uncovered new facts that should have been included in the original divorce proceeding
- Your ex-spouse has hidden marital assets (this new evidence can change the decision about property division)
- You move to a different state (especially if this relocation creates difficulty in complying with the custody and visitation order)
- You lose your job, which impacts your ability to pay for support
- Your job obligations interfere with the parenting schedule
- You develop a serious illness
- The child or children’s needs evolve as they grow up
Contact Miami Family Law Group, PLLC today if you need to consult a divorce modification attorney about the requirements.
