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Post-divorce modifications are necessary in some cases

by | Jan 19, 2018 | family law

After you get a divorce, it’s still possible to modify the divorce judgment in some cases. You or your ex-spouse may be able to file an appeal through an appeals court, although it’s unlikely that a judge would overturn a previous judge’s decisions. Sometimes, the judge will, though, given the right circumstances.

In most cases, if you and your ex-spouse come to an agreement and have that agreement approved by a judge, you won’t be able to appeal it. However, if there are judgments issued based on that agreement, those judgments might be open for an appeal. If that happens, you can file a motion to appeal or modify the divorce judgment.

One thing you might want to challenge is a judge’s decision on child support. Another could be child custody arrangements or the determined visitation schedule. Modifications for child support are common if a parent loses or obtains a job, just like a parent who moves may need to adjust his or her visitation or custody schedule.

You may also want to challenge a past agreement if you find that your ex has become dangerous to your child or has done something that makes him or her less fit to parent. For instance, if your spouse has primary custody, you could challenge it if you find out that your ex-spouse was caught speeding and driving drunk.

Post-divorce modifications aren’t always easy to obtain, but if you have a good reason, a judge will hear you out. Your attorney can help you prepare the best case to present to the judge.

Source: FindLaw, “Appeals and Motions to Modify the Divorce Judgment,” accessed Jan. 19, 2018