Law Offices of  Rodger C. Daley
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Law Offices of Rodger C. Daley
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Divorce Decree Modifications and How They Are Obtained

Couples must consider several factors before finalizing a divorce agreement once they decide to end their marriage. Child custody, child support, alimony and division of marital property must all be considered carefully to ensure fairness and that both parties will be able to provide for themselves. Once the couple reaches an agreement, or once the court offers a judgment of its own, the parties sign a post-divorce decree.

This decree is the formal order from a court which grants the termination of a marriage. It also lays out the obligations each partner owes to one another post-separation. However, these decrees occasionally need to be modified as the situations and needs of divorced couples change.

Top Reasons for Decree Modification

A court will not always grant a post-divorce decree modification, but if someone can show their circumstances necessitate a change, then a court will surely hear an appeal.

Generally exes must show that a change in their circumstances is material or substantial in order for their appeal to succeed. While there is no clear-cut line as to what circumstances meet this requirement, some common examples are:

  • Relocation of one ex, specifically to another state
  • Increase or decrease in income such as major promotions or loss of job
  • Sudden expenses such as emergency medical costs or paying for a funeral
  • An unsuitable living environment for a child or other subjects related to a child's best interest
  • Changes in the health of either ex or substance abuse

While this is not an exhaustive list, it serves to demonstrate general topics which may be brought before a court when requesting a decree modification.

How Do I Get a Modification?

The first step to obtaining a post-divorce decree modification is to speak with an experienced family law attorney. The attorney will know which forms you must complete and file with the court, as well as discuss your potential options, likelihood for success and whether modification is proper for the given situation.

Anyone who has questions about obtaining a modification, or needs assistance with any divorce matter, should contact a qualified divorce attorney at their earliest convenience.


The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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