Can a Signed Divorce Agreement Be Changed
Divorce is not a happy event in anyone`s life, but it can be a necessary step to move forward. Once the divorce agreement is signed, many people assume that the agreement is final and can`t be changed. However, this is not entirely true. In some cases, a signed divorce agreement can be changed with the help of a family law attorney.
The process of changing a divorce agreement is known as a post-judgment modification. In most cases, the court will only consider a post-judgment modification if there has been a significant change in circumstances. This means that the petitioner needs to show that there is a material and substantial change in circumstances that justifies the modification.
Some examples of material and substantial changes in circumstances that could justify a post-judgment modification include:
1. Loss of income: If the payor spouse loses their job or suffers a significant reduction in income, they may be able to request a modification of the support payments.
2. Change in custody: If there is a significant change in the living arrangements or circumstances of the child, one parent may petition the court to change the custody arrangement.
3. Relocation: If one parent is planning to relocate to another state or country, this may require a modification of the visitation and custody agreement.
4. Health issues: A significant change in health status, either of one of the spouses or the child, may warrant a modification of the support or custody arrangement.
It`s important to note that the person requesting the modification must prove that the change in circumstances is substantial and material. They must provide evidence to support their claim and demonstrate that the requested modification is in the best interests of the child or children involved.
If both parties agree to the modification, the process may be quicker and less expensive. However, if there is a dispute, the court will need to conduct a hearing to determine whether a modification is warranted.
In conclusion, while a signed divorce agreement is considered final, it`s not necessarily set in stone. If there is a significant change in circumstances, a post-judgment modification may be possible. If you think you may be eligible for a modification, it`s important to speak with a family law attorney who can help you navigate the process.