Top Three Reasons to File for a Modification to Your Divorce Agreement

Top Three Reasons to File for a Modification to Your Divorce Agreement

Once you are divorced, your nisi period is complete (the waiting period following your divorce in court), and the gold seal is stamped on your Complaint for Divorce, you are officially a Divorcee. Congratulations!

Unfortunately, it may be weeks, months, or even years after you are divorced that something in your divorce agreement begins to scream that it must be modified. The agreement may no longer be practical, functional, or appropriate due to a significant change in circumstances. This significant change may include, but not be limited to, the following: a child/children becoming emancipated, which will change/end child support (make sure you read the fine print in your divorce agreement as to the definition of emancipated), or a spouse losing their house or job. The definition of modification is “a change in material circumstances” since your divorce agreement was docketed. Your burden is to show the court why a circumstance is material, i.e., a huge change from when your divorce agreement was originally finalized.

If you are wondering, “Should I file in court for a modification?” here are my top three reasons to file for a modification to your divorce agreement:

1. It is a necessity.
When something in your divorce agreement is no longer applicable, or when there has been a huge change in your life or your ex’s life, and modifying your divorce agreement is a necessity, a modification may be warranted. Some examples of huge changes in your life or your ex’s life to warrant a modification include, but are not limited to: a loss of a job, a child living out of the home and emancipated (again, read the fine print in your divorce agreement for emancipation), your ex getting a huge pay raise, alimony needing to be modified if allowed in your agreement, etc. If you plead to the court that something in your divorce agreement is now a material change in circumstances, the court will be more willing to grant your modification.

2. You need peace of mind.
Chances are that you are constantly ruminating over something in your divorce agreement that is acting like a big thorn in your side. This may cause you immense stress, anxiety, or depression, and as a result, spill out into other parts of your life, which will also affect other people. In order to stop the madness, a modification may be just what the doctor ordered to give you PEACE OF MIND.

3. You and your ex agree.
A modification is a no brainer if you and your ex agree to make the changes. The two of you can file an Agreed Upon Modification and schedule a hearing to explain to the judge why something in your agreement needs to be modified. As long as both you and your ex understand the ramifications of the modification, the judge will most likely agree to modify that portion of your divorce agreement.

Looking for more information? Connect today with Alison Litt.