Orange County Post-Divorce Modification Lawyer

Orange County Post-Divorce Modification Attorney

While most divorces are finalized once a judge signs the divorce decree, sometimes, there are changes in circumstances that warrant having a divorce case reopened. When this occurs, it is called a post-divorce modification. If you require changes to your divorce once it has been finalized, you may want to hire an Orange County post-divorce modification lawyer.

There are several steps both parties may take after a divorce that do not involve the court, such as changing their will, updating their beneficiaries or insurance plans, changing their car titles or any other documents in their former spouse’s name, or contacting their employer to change their tax filing status. Though these steps are essential, they are not the same as modifications to a divorce decree.

Common Post-Divorce Modifications

Some of the most common post-divorce modifications include changes to child custody arrangements or child support. Child custody is the arrangement divorced or separated parents make that details who the child will live with, which parent makes significant decisions, and the visitation schedule for the non-custodial parent. If circumstances change, such as the amount of time the child spends with the custodial parent, then modifications may be made to the divorce.

Sometimes, circumstances arise with the custodial parent as well. Perhaps they are no longer able to care for the child or make decisions for the child because of an illness or other emergency. In this case, a judge may agree to make modifications to the divorce for the best interest of the child.

Child support is another modification that may be made to a divorce decree. If the non-custodial or support-paying parent loses their job, has a significant loss of income, or develops an illness, the divorce agreement may be updated to reflect this change and decrease the payments. Conversely, if the parent has an unexpected rise in income, they may be ordered to pay more child support.

Oftentimes, changes made to a divorce are temporary and circumstantial, but in other cases, changes may be permanent. For instance, if there is a permanent change with the child, if one spouse remarries someone with a significantly higher income, or if one parent becomes disabled and is unable to work, permanent changes may be made.

It is important to note that post-divorce modifications are more likely to be approved if both spouses agree to a fair plan. When both parties agree, the modifications appear more genuine and necessary. This is why it is important to discuss the modifications with your former spouse before presenting it to the court.

When Is Post-Divorce Modification Unlikely to Be Approved?

The process for post-divorce modifications is not at all eas in Orange County. It requires that both parties agree to the modifications before presenting a plan to the judge. If both parties do not agree, the chances of being granted a modification become slim. This is because one party may try to circumvent the system to have changes made in their favor. When both parties agree, the court is more likely to approve the changes.

Property division is another significant factor when couples divorce. Though one former spouse may want to make changes to the property division settlement, it is rare that a judge approves this. In many cases, there must be extenuating or substantial circumstances such as job loss, mental incapacity, some form of fraud, misrepresentation, or a clerical error for a judge to approve a property division settlement.

What if My Ex-Spouse Does Not Agree to the Modifications?

Sometimes, former spouses are not cooperative for many reasons: resentment about the divorce, an inability to pay increased child support, or an unwillingness to increase their time spent with a child if this change is requested. If your former spouse does not agree to the divorce modifications, then a judge may change the court order at your request if necessary. A specific form must be submitted to make this request.

Why Should I Hire a Lawyer?

Hiring an Orange County family lawyer may prove invaluable for post-divorce modifications. This is because making changes to a divorce decree is rare and depends on specific factors. An experienced and knowledgeable lawyer can discuss the rights and responsibilities of the non-custodial or support-paying parent, for instance, if changes are to be made to support payments. A lawyer can also determine the likelihood that a judge will approve modifications at all.

The Hatherley Firm provides legal services for post-divorce modifications, including child custody, child support, and alimony. A lawyer will work with you to modify the divorce agreement to reflect changes in your circumstances.

FAQs

Can You Modify a Divorce Decree in CA?

Yes, you can modify a divorce decree in California. If your income or visitation schedule changes, you can draft an agreement that reflects those changes and submit them to a judge. The process for submitting a modified agreement is simple: first, discuss an agreement with the other parent. Then, draft an agreement with an official cover letter, which must be signed. Finally, submit the agreement to the judge for signing, and provide a copy to the other parent.

How Much Is a Retainer Fee for a Divorce Lawyer in California?

The cost of a retainer fee for a divorce lawyer in California depends on several factors. Common factors include the lawyer’s location, the case complexity, and the lawyer’s experience level. A retainer fee is an upfront payment clients make to “retain” their lawyer’s legal services for a specified amount of time. Some clients pay retainers for divorces to seek legal advice before, during, and after the divorce, as is the case with post-divorce modifications.

Can a Divorce Settlement Be Reopened in California?

Yes, a divorce settlement can be reopened in California, depending on the circumstances. For instance, if there must be changes made to spousal support, child support, or child custody, the settlement may be reopened by a judge to reflect those changes. In rare cases, divorce settlements are opened to change property division orders.

Can You Modify a Property Division Order in California?

Yes, you can modify property division orders in California, although it is very rare and sometimes unlikely to be granted. There must be extenuating circumstances or substantial changes in the couple’s circumstances to modify a property division settlement. In other cases, property division settlements may be changed if some type of clerical error or fraud is discovered.

Contact The Hatherley Firm Today For Your Orange County Post Divorce Modification