Attorneys for Post-Divorce Modifications
During the divorce process, both spouses — and their legal representation — go back and forth to determine how to fairly split up debts and assets, assign alimony or child support payments, and manage child custody arrangements.
In many cases, this occurs in a collaborative mediation environment, but it may also go to court and be decided by a judge, especially if the divorce is contested.
But sometimes, things change after the divorce proceedings have already occurred. If there has been a significant change in circumstances, you and your former spouse may need to revisit the agreements you made when you got divorced, and modify some of them.
At 123 Divorce Company, we work with divorcées to determine if a post-divorce modification is feasible, and to understand and navigate the process. Our team of experienced Dallas divorce attorneys have the skill and legal know-how you need to protect your best interests during — and after — a difficult divorce.
What Can Be Modified After the Divorce?
After a divorce, several factors can be reassessed if one or both parties have experienced a major change in circumstances. This can include:
- Contempt of Court and enforcement proceedings. If one partner does not obey a court order, the other partner and their attorney made need to file a Contempt Petition. If the offending party continues to refuse to comply, they can be incarcerated.
- Child support, child custody, and alimony. These are the most common things that people seek to modify after a divorce has already concluded. Circumstance changes can include one party retiring, getting a new job, being laid off and unemployed, or getting remarried.
Acting in the Best Interest of a Child
For the most part, typical post-divorce modifications hinge on what’s going to be in the best interest of the child or children involved. It’s important to understand that courts are often reluctant to make major changes to custody and child support agreements, especially the former, unless it’s really in the child’s best interest.
A change in circumstance should be something permanent, or close to it, not something temporary. If you want to request a modification, we need to make sure that we can demonstrate that this could not have been predicted or foreseen when you made the original agreements about parenting, custody, or another issue related to child welfare.
Some of the factors the court will take into consideration include:
- The child’s safety and emotional well-being;
- Disruption to the child’s life, like moving or changing schools;
- The requested change’s impact on the relationship between the child and one of the parents;
- The child’s own personal preferences;
- Issues with domestic violence or abuse;
- The respective parents’ abilities to be involved in the child’s life and activities.
Changing Your Alimony Arrangement
Another common reason to request a post-divorce modification is alimony. Again, we need to be able to prove for you that there’s been a major and permanent change in circumstances since you arrived at the original agreement.
This could involve health issues, long-term unemployment, a substantial raise or other change in earning power, retirement, remarriage, or inheritance.
At 123 Divorce Company, We Can Help You Achieve Your Post-Divorce Modification Request
At 123 Divorce Company, our team of expert divorce attorneys can help you petition for modifications to your original divorce agreement to help you maintain your best financial interest, or the best interests of your children.
To find out more about our divorce and family law services, or to speak with one of our attorneys, call us any time at (214) 599-9979 or fill out the form below to begin a FREE, no-strings-attached consultation.