This just INFORMATIONAL ONLY
Can a divorce decree be changed?
As the answers to legal questions often do, the answer to this question usually generates a set of additional questions, such as:
Who wants the order modified?
In almost all cases in which someone other than a party to the divorce wishes to change the divorce decree the answer is no. Thus, the question should be, can the divorce decree be changed upon the request of a party to the divorce. This leads to more questions.
What part of the order does the party want to modify?
If the modification has to do with property division, in most states, the answer is again no, unless there is evidence that the original decree was based on significantly incorrect information. In this event, states provide procedures for correction of the order based on the newly revealed information. Since states generally require that the parties provide full disclosure of assets and liabilities, if the incorrect information was intentionally provided in order to conceal assets, the court may also impose significant penalties.
If, on the other hand, the desired modification involves other issues, child support, spousal support, child custody and visitation, the next question is typically:
Has there been a significant change in circumstances since the entry of the decree that warrants a change?
In child custody matters, a number of different factors can come into play so that the court may find there is a significant change in circumstances justifying modification. Some states require an even higher standard for modification of the decree in the first two years of an order simply to help insure that parents do not keep disrupting their children's lives by dragging the other parent back to court.
In child support and spousal support matters, the answer again depends on the question of whether there has been a significant change in circumstances to warrant the change. If so, the court may modify its original decree.
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Modify Divorce Decree
When the terms of your divorce are unjust, or circumstances have changed, you can petition to appeal or modify your divorce decree. If you want your divorce decree overturned, you will need to file an appeal. This is usually a drawn-out process, because you are asking an appellate court to overturn a lower court's decision. Generally, an appeal won't be considered unless there are exceptional and compelling circumstances, such as rulings that don't comply with the statutes, if there is a fundamental inequity in decree, or if it can be shown that fraud or misconduct has occurred.
You can also petition to modify your divorce decree if the circumstances have changed. For example, child support or periodic alimony may be adjusted, child custody may be modified, or visitation schedules can be changed. If you want to have your divorce decree modified, you will need to consult with an attorney to find out what your options are. The following input from the legal expert may also give you some insight to your own situation
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