Because of the inevitable changes that may happen in your life or in your children’s lives, you may think that the terms of your divorce no longer work for you after your divorce. Your salary may be reduced because your employer is financially troubled or your children may require more expenses as they get older. Or perhaps, you have never been satisfied with the terms of your divorce and after trying your best to adhere with these terms, you have finally decided to try to get them changed.
It will be a stress-free process if you and your former spouse mutually decide in modifying your agreement. All you have to do is prepare a revised agreement with the assistance of your lawyers. After that, the attorney will file the amendments to the court so that the new agreement can be court-ordered. However, if your spouse refuses to agree with your decision to change your divorce agreement, expect for a repeat of your divorce battles.
If you and your spouse cannot agree on the changes of the terms of your divorce and you want to minimize your legal costs, you should try mediation. Mediation is an effective way to avoid the financial strain of hiring lawyers and probably having to go to court again.
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Hiring a Divorce Attorney
It will be an appropriate time to hire a divorce attorney if you cannot resolve your differences outside of court. Your attorney will need to work with your ex-spouse’s attorney to resolve your differences. If the goal is not achieved, the lawyer will need to file a motion with the court and a hearing will be held. At the hearing, your lawyer will demonstrate evidence to the court to justify the need for the change you are requesting.
Demonstrating a Legitimate Need for the Change
If you want to change the terms of your agreement regarding child custody and visitation, you must be able to prove a legitimate need for the changes. Some of the reasonable need for changes may include the following:
One of the spouses needs to move to another place that is far away from his or her former spouse.
Your children are not provided proper supervision when they are with the other parent because of a substance abuse problem or your spouse spends longer hours at work.
The income of the spouse who is responsible for paying child support has increased or decreased.
Your child has a serious illness and you need more financial assistance to pay for the care and treatment of your child.
Your ex-spouse has developed a physical or mental illness or addiction to drugs or alcohol, or he or she has been arrested because of a violent crime.
You believe that your child has been a victim of physical abuse or sexual molestation by your former spouse.
You need to keep in mind that no matter what reason you give to the court to justify your request for a modification, the judge will make his or her decision based on the best interest of the children.
Read this article about improving your relationship with your ex.
